DATE: 20031007

DOCKET: C38113

COURT OF APPEAL FOR ONTARIO

RE:

TERRANCE PARKER (Appellant) and HER MAJESTY THE QUEEN (Respondent)

BEFORE:

DOHERTY, GOUDGE AND SIMMONS JJ.A.

COUNSEL:

Terrance Parker in person

Croft Michaelson and Christopher Leafloor and Vanita Goela

for the respondent

HEARD:

July 30, 2003

On appeal from the endorsement of Justice Sandra Chapnik of the Superior Court of Justice dated April 19, 2002.

E N D O R S E M E N T

[1] We agree with the respondent that the order of Chapnik J. is interlocutory. It did not dispose of the application that was before Pitt J. The appeal is therefore not properly brought in this court.

[2] In any event Chapnik J. reached the right result, in that that the order of Pitt J. was made without there having been proper service. That order was properly set aside.

[3] The appeal is quashed.

_ “Doherty J.A.”

_ “S.T. Goudge J.A.”

“Simmons J.A.”