Court File and Parties

CITATION: Boozari v. Wallace, 2007 ONCA 711

DATE: 20071018

DOCKET: C46696

COURT OF APPEAL FOR ONTARIO

SIMMONS, MACFARLAND AND ROULEAU JJ.A.

BETWEEN:

FOROUZANDEH BOOZARI, EZZAT ROGHAE, AHMAD BOUZARI, AMIR BOOZARI and DEANNA KARiBASION, a minor by her Litigation Guardian, Forouzandeh Boozari

Plaintiffs (Respondent)

And

GORDON WALLACE and WINDSOR CHARTABUS INC.

Defendants (Appellants)

Counsel: Alan L. Rachlin for the appellants Bert Raphael for the respondent

Heard and endorsed: October 17, 2007

On appeal from the order of Justice John H. Brockenshire of the Superior Court of Justice dated January 24, 2007.

APPEAL BOOK ENDORSEMENT

[1] The formal order from which the appellant appeals provides that the pleadings in the action are opened to permit the respondents to amend the statement of claim to increase the prayer for relief but not for the purpose of allowing the appellants to deliver a jury notice. In our view, the discretionary decision concerning the terms to be imposed in relation to the amendment of pleadings constitutes an interlocutory order. Accordingly, we have no jurisdiction to entertain this appeal.

[2] The appeal is therefore quashed. Costs of the appeal are fixed at $7000 inclusive of G.S.T. and disbursements.