COURT OF APPEAL FOR ONTARIO

LASKIN, LANG and JURIANSZ JJ.A.

BETWEEN:

ROBERT NICHOLSON

Plaintiff (Respondent/Moving Party)

and

SUN LIFE ASSURANCE COMPANY OF CANADA

Defendant (Appellant/Responding Party)

Rudy V. Buller for the appellant/responding party

William G. Scott for the respondent/moving party

Heard: November 1, 2007

On a motion to quash the appeal from the order of Justice Joseph R. Henderson of the Superior Court of Justice dated April 25, 2007.

APPEAL BOOK ENDORSEMENT

[1] In our view, the order of Henderson J. is interlocutory. It does not dispose of any substantive defence.

[2] Accordingly, the motion is granted and the appeal is quashed with costs fixed in the amount of $1,000, inclusive of disbursements and G.S.T.