DATE: 20061005

DOCKET: C45423

COURT OF APPEAL FOR ONTARIO

RE:

EMAD ELGUINDY (Plaintiff/Appellant) – and – AMEX BANK OF CANADA (Defendant/Respondent)

BEFORE:

LASKIN, ARMSTRONG AND LAFORME JJ.A.

COUNSEL:

Emad Elguindy

in person

Sarah Millar

for the respondent

HEARD & ENDORSED:

October 4, 2006

On appeal from the order of Justice Rose Boyko of the Superior Court of Justice, dated May 18, 2006.

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

[1] The order under appeal is interlocutory. The sanction in paragraph 4 of the order providing that the claim may be dismissed for failure to comply with paragraphs 1, 2 and 3, does not convert the order into a final order for the purpose of appeal.

[2] This appeal is therefore quashed for lack of jurisdiction. The respondent is entitled to costs fixed in the amount of $1,500.00, all inclusive.