DATE: 20030416

DOCKET: C38862

COURT OF APPEAL FOR ONTARIO

RE:

VALERIE WYNN (Plaintiff) (Respondent) – and – BELAIR DIRECT (Defendant) (Appellant)

BEFORE:

WEILER, ABELLA and ARMSTRONG JJ.A.

COUNSEL:

Katherine E. Kolnhofer and M. Susan Guzzo,

for the appellant

Gary W. Tranmer,

for the respondent

HEARD:

April 16, 2003

On appeal from the judgment of Justice Kenneth Pedlar of the Superior Court of Justice dated September 26, 2002

A P P E A L B O O K E N D O R S E M E N T

[1] It is not clear from the judge’s reasons whether he was delivering a judgment in respect of an interlocutory or final order. Given that a statement of defence had not yet been delivered and that the time for delivery had not yet expired, the order he made could only have been an interlocutory order and not a final order pursuant to an application for summary judgment.

[2] Accordingly, we are without jurisdiction to hear this appeal.

[3] No costs.