DATE: 20031112
DOCKET: C39037
COURT OF APPEAL FOR ONTARIO
RE:
GEORGE THOMAS REID, SUSAN FAYE REID and TREVOR ROBERT REID (Plaintiffs) (Respondents) – and – PADDON + YORKE INC., Trustee in Bankruptcy, on behalf of the Estate of STEVE JOHNSTON, operating as ACME CONTRUCTION and LINDSAY GILLESPIE (Defendants) (Appellant)
BEFORE:
WEILER, LASKIN and MacPHERSON JJ.A.
COUNSEL:
Richard F. Horack
for the appellant
David A. Morin
for the respondents
HEARD & ENDORSED:
November 10, 2003
On appeal from the judgment of Justice Clair Marchand of the Superior Court of Justice dated October 11, 2002.
A P P E A L B O O K E N D O R S E M E N T
[1] In our view, on the principles set out in Ball v. Donais, the orders under appeal are interlocutory as they do not finally dispose of the rights of the parties.
[2] The appeal is quashed.
[3] Costs fixed in the amount of $1,500 to the respondents without prejudice to the appellant to move for leave to appeal to the Divisional Court.