DATE: 20040604

DOCKET: C40963

COURT OF APPEAL FOR ONTARIO

RE:

CERTAS DIRECT INSURANCE COMPANY (Plaintiff (Appellant)) – and – SCOTT LALIBERTE (Defendant (Respondent))

BEFORE:

MOLDAVER, GILLESE and BLAIR JJ.A.

COUNSEL:

Ryan M. Naimark

for the appellant

Bert Raphael, Q.C.

for the respondent

HEARD & ENDORSED:

June 3, 2004

On appeal from the order of Justice Gordon P. Killeen of the Superior Court of Justice dated November 3, 2003.

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, the order of Killeen J. is interlocutory (see Fallon v. Root, [1997] O.J. No. 2546 (C.A.) and General Capital Growth Ltd. v. City of Burlington et al. (1979) 1979 1894 (ON CA), 24 O.R. (2d) 669 (C.A.).

[2] Accordingly the appeal is quashed. Costs to the respondent in the amount of $3,500 inclusive of GST and disbursements.