DATE: 20060712

DOCKET: M33775(C45081)

COURT OF APPEAL FOR ONTARIO

RE:

ANTHONY TSAI (Appellant (Defendant)) – and THEODORE POCHWALOWSKI (Respondent (Plaintiff))

BEFORE:

SIMMONS, CRONK and ARMSTRONG JJ.A.

COUNSEL:

Leo Klug

for the appellant Theodore Pochwalowski

Anthony Tsai

In Person

HEARD & ENDORSED:

June 30, 2006

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

[1] We have no jurisdiction to entertain this appeal. The appeal relates to an order of Master Peterson dated July 14, 2005. Mr. Tsai appealed to the Divisional Court. Relying on Sun Life and York Ridge Developments Ltd. (1998), 28 C.P.C. (4th) 16, Lane J. determined that Master Peterson’s order is interlocutory and struck the appeal from the Divisional Court List. Mr. Tsai then appealed to the Superior Court. This is an appeal from the Superior Court Judge’s order.

[2] We agree that Master Peterson’s order is interlocutory. Mr. Tsai’s appeal route at this stage is to the Divisional Court with leave: see s. 19(1)(b) of the Courts of Justice Act. This appeal is therefore quashed.

[3] Costs of the motion to the moving party, on a partial indemnity basis fixed at $1,000 inclusive of G.S.T. and applicable disbursements.