COURT OF APPEAL FOR ONTARIO
Doherty, Goudge and Hourigan JJ.A.
BETWEEN
Louis Pelletier
Plaintiff (Respondent)
and
U-Haul Co. (Canada) Ltd. and Denis Jeannotte
Defendant (Appellant)
Edward S.E. Kim, for the defendant (appellant)
Steven G. Shoemaker, for the plaintiff (respondent)
Jennifer Guth, for the defendant Jeannotte
Heard: February 10, 2014
On appeal from the order entered by Justice Edward J. Koke, of the Superior Court of Justice, dated June 13, 2013.
APPEAL BOOK ENDORSEMENT
1The order is interlocutory. We have no jurisdiction to hear the appeal. In so holding, we stress that the decision of the motion judge is limited to the finding that the pleadings survive the “plain and obvious” test. Nothing he said is determinative of any of the issues that will have to be decided at trial: see R.S. v. R.H. (2000), 2000 17038 (ON CA), 52 O.R. (3d) 152 (C.A.).
2The appeal is quashed. Counsel are agreed that costs should be fixed at $5,000, payable in the cause.
