Court of Appeal for Ontario
Winkler C.J.O., Laskin and Rouleau JJ.A.
BETWEEN:
Sidney Lugassy, S&Y Management Consultants and S&Y Sales Ltd.
Plaintiffs (Respondents)
and
Ruggedcom Inc.
Defendant (Appellant)
Counsel:
William A. Chalmers, for the Appellant
James Diamond, for the Respondents
Heard: December 10, 2009
On appeal from the order of Justice Julie A. Thorburn of the Superior Court of Justice dated July 15, 2009, with reasons reported at 2009 CanLII 38515 (ON S.C.)
APPEAL BOOK ENDORSEMENT
1This matter is clearly interlocutory. Justice Thorburn did not preclude raising the limitations defence at trial but simply held that evidence must be led in that respect. The appeal is quashed for lack of jurisdiction.
2The respondent shall have its costs fixed at $3,000 including GST and disbursements.