Court of Appeal for Ontario

CITATION: D’Addario v. Smith, 2008 ONCA 50

DATE: 20080125

DOCKET: M35744 (C47706)

JURIANSZ, LAFORME and WATT JJ.A.

BETWEEN:

FRANK D’ADDARIO

Plaintiff (Respondent on Appeal) (Moving Party)

and

BETTY SMITH and CHRIS NAPIOR

Defendants (Appellants) (Respondents on Motion)

Counsel:

Brenda Hollingsworth for the plaintiff (respondent on appeal) (moving party)

Ronald Caza for the defendants (appellants) (respondents on motion)

Heard: January 24, 2008

APPEAL BOOK ENDORSEMENT

[1] The motion to quash this appeal is allowed because there is no right of appeal from the decision of Justice Kershman denying leave to appeal from the interlocutory decision of Justice Aitken. We are not persuaded that Justice Kershman failed to exercise his jurisdiction to decide the merits of the motion. Costs fixed in the amount of $4,000 inclusive of disbursements and GST.