COURT OF APPEAL FOR ONTARIO
CITATION: Locking v. Armtec Infrastructure Inc., 2012 ONCA 467
DATE: 20120629
DOCKET: C54955
Armstrong, Watt and Pepall JJ.A.
BETWEEN
Keith Locking
Plaintiff (Appellant)
and
Armtec Infrastructure Inc., Scotia Capital Inc., TD Securities Inc., BMO Nesbitt Burns Inc., Charles M. Phillips, James R. Newell, Robert J. Wright, Ron V. Adams, Don W. Cameron, Brian W. Jamieson, John E. Richardson and Michael S. Skea
Defendants
Proceeding under the Class Proceedings Act, 1992
AND BETWEEN
Bruce Simmonds, Robert Grant and Gordon Moore
Plaintiffs (Respondents)
and
Armtec Infrastructure Inc., Charles M. Phillips, James R. Newell, Michael S. Skea, Donald W. Cameron, Scotia Capital Inc., TD Securities Inc. and BMO Nesbitt Burns Inc.
Defendants
Proceeding under the Class Proceedings Act, 1992
Counsel:
Earl A. Cherniak, Q.C. for the plaintiff/appellant Keith Locking
Paul J. Pape and David S. Steinberg, for Gordon Moore
Heard: May 22, 2012
On appeal from the order of Justice Bruce G. Thomas of the Superior Court of Justice, dated January 20, 2012.
ENDORSEMENT
[1] For reasons to follow in due course, we have concluded that the carriage order of Justice Thomas of the Superior Court of Justice dated January 20, 2012 is an interlocutory order. This court does not have jurisdiction to hear the appeal. The appeal lies to the Divisional Court by way of leave to appeal.
[2] In the circumstances, we respectfully request the Divisional Court/Superior Court of Justice to accommodate counsel in getting a leave to appeal motion on as expeditiously as possible.
"Robert P. Armstrong J.A."
"David Watt J.A."
"S.E. Pepall J.A."