Court of Appeal for Ontario
Date: 2018-06-01 Docket: C64798
Judges: Watt, Huscroft and Trotter JJ.A.
Between
Darlene Mary Foisey, also known as Darline Mary Foisey, by her Litigation Guardian, The Public Guardian and Trustee
Respondent
and
Joyce Green, Estate Trustee for the Estate of William Joseph Green
Appellant
Counsel
Brian N. Radnoff, for the appellant
Jordan Lester, for the respondent
Heard and released orally: May 30, 2018
On appeal from: the order of Justice W. Danial Newton of the Superior Court of Justice, dated November 29, 2017.
Reasons for Decision
1In our view, the order under appeal is interlocutory and this court lacks jurisdiction to entertain the proposed appeal.
2In reaching this conclusion we have in mind what was said by a panel of this court in Durbin v. Brant, 2017 ONCA 463, at paras. 4-6.
3The appeal to this court is quashed without prejudice to the appellant's right to seek leave to appeal the order to the Divisional Court. Costs of $3,500 inclusive of disbursements and all applicable taxes payable to the respondent.
"David Watt J.A." "Grant Huscroft J.A." "G.T. Trotter J.A."
