Court of Appeal for Ontario

CITATION: Lugassy v. Ruggedcom Inc., 2009 ONCA 890

DATE: 20091214

DOCKET: C50788

Winkler C.J.O., Laskin and Rouleau JJ.A.

BETWEEN:

Sidney Lugassy, S&Y Management Consultants and S&Y Sales Ltd.

Plaintiffs (Respondents)

and

Ruggedcom Inc.

Defendant (Appellant)

Counsel:

William A. Chalmers, for the Appellant

James Diamond, for the Respondents

Heard: December 10, 2009

On appeal from the order of Justice Julie A. Thorburn of the Superior Court of Justice dated July 15, 2009, with reasons reported at 2009 CanLII 38515 (ON S.C.)

APPEAL BOOK ENDORSEMENT

[1] This matter is clearly interlocutory. Justice Thorburn did not preclude raising the limitations defence at trial but simply held that evidence must be led in that respect. The appeal is quashed for lack of jurisdiction.

[2] The respondent shall have its costs fixed at $3,000 including GST and disbursements.