Court File and Parties

CITATION: Jones v. Foresi, 2010 ONCA 108

DATE: 20100209

DOCKET: C50943

COURT OF APPEAL FOR ONTARIO

Doherty, Laskin and Lang JJ.A.

BETWEEN

Lilian Irene Jones

Applicant (Respondent on Appeal)

and

James Foresi and Rebecca Foresi

Respondents (Appellants)

Counsel: Charles B. Wagner and Joanne Hwang, for the appellants Robert Budgell, for the respondent

Heard: February 2, 2010 On appeal from the order of Justice Maddalena of the Superior Court of Justice dated August 17, 2009.

APPEAL BOOK ENDORSEMENT

[1] We are satisfied that the order below is interlocutory. The motion judge decided not to decide the legal issue raised on the motion, but instead to leave the determination to the trial. Counsel for the respondent accepts, and we agree, that the appellant is free to raise the “substantial compliance” issue on the trial.

[2] We reject the submission that we have a discretion to hear an appeal from an interlocutory matter where the issue raised is of significant importance. Appellate jurisdiction is statutory. Our statutory jurisdiction does not reach interlocutory orders.

[3] The appeal is quashed. Costs to the respondent are fixed at $3,500, payable by the appellants.