Court of Appeal for Ontario
Feldman, Epstein, and van Rensburg JJ.A.
BETWEEN
Shanice Clarke Hunter, Minor by her Litigation Guardian Ann Clarke, and Anne Clarke
Plaintiffs (Respondents)
and
Alan Keith Richardson and W. Emerson Richardson
Defendants (Respondent)
and
Royal & Sunalliance Canada Group and The Dominion of Canada General Insurance Company
Defendants (Appellant)
Counsel:
Derek Greenside, for the appellant Royal & Sunalliance Canada Group
Edward (Ted) A. Kalnins, for the respondents, Shanice Clarke Hunter, Minor by her Litigation Guardian Ann Clarke, and Anne Clarke
Stan J. Sokol, for the respondent, W. Emerson Richardson
Heard and released orally: November 21, 2013
On appeal from the order of Justice Frank of the Superior Court of Justice, dated April 4, 2013.
ENDORSEMENT
1The court asked counsel, both by correspondence before this date and for submissions in court, about this court’s jurisdiction to hear this appeal, and in particular, whether the order appealed from is final or interlocutory. The appellant submits that the order adding it as a party is final for two reasons: 1) because the Insurance Act requires mediation as a precondition to commencing a Court action for SABS, and 2) because the Insurance Act also requires arbitration of the issue of responsibility for SABS as between insurers.
2In our view, the order adding Royal & Sun Alliance Canada Group as a party is interlocutory. It has the same effect in this case as does an order adding a party in any other case.
3The order would only be final if the reasons specifically determined the above questions of law, allowed the party to be added on that basis, and the order specifically so provided. That did not occur here. Therefore the addition of the party does not preclude or foreclose any right to plead the statutory requirements and to raise the issue at trial or before.
4As there has been no such final determination in this case, the order is interlocutory and any appeal from it lies to the Divisional Court with leave.
5The appeal to this court is therefore quashed with costs payable by the appellant to the Fund in the amount of $5,500.00, and to the plaintiff in the amount of $2,000.00, all inclusive of disbursements and HST.
“K. Feldman J.A.”
“G. Epstein J.A.”
“K. van Rensburg J.A.”
