Court File and Parties

CITATION: Lindhorst v. Stone & Co. Limited, 2011 ONCA 657

DATE: 20111019

DOCKET: C53408

COURT OF APPEAL FOR ONTARIO

O’Connor A.C.J.O., Juriansz and Watt JJ.A.

BETWEEN

Alvin Lindhorst

Appellant (Plaintiff)

and

Stone & Co. Limited, Stone Investment Group, Richard G. Stone and James A. Elliott

Respondents (Defendants)

Alvin Lindhorst, appearing in person

Allison Taylor, for the respondents

Heard and released orally: October 17, 2011

On appeal from the order of Justice Whitaker of the Superior Court of Justice dated December 24, 2010.

ENDORSEMENT

[1] This is an appeal from the order of Whitaker J. dated December 24, 2010, dismissing the appellant’s appeal from three orders of Master Short. Those orders required the appellant to give particulars of allegations in his amended statement of claim, adjourned the appellant’s motion for production and directed the appellant to pay for a transcript.

[2] The orders appealed are interlocutory. This court does not have jurisdiction to hear this appeal. The proper route of appeal from the order of Whitaker J. was to the Divisional Court with leave.

[3] To be clear, this appeal did not purport to appeal the order of Master Short dated January 26, 2011. In any event, the proper route for an appeal of that order would have been to a Superior Court judge.

[4] In the result, the appeal is quashed. Costs to the respondents fixed in the amount of $1,500, inclusive of disbursements and all applicable taxes.

“O’Connor A.C.J.O.”

“R.G. Juriansz J.A.”

“David Watt J.A.”