Court of Appeal for Ontario

CITATION: Building Solutions International Inc. v. Benazzi, 2016 ONCA 112

DATE: 20160209

DOCKET: C60846

BEFORE: Simmons, Pepall and van Rensburg JJ.A.

BETWEEN

Building Solutions International Inc. and Bowmore Investments Limited

Plaintiffs (Appellants)

and

William Benazzi, WB Capital Management Inc. and WB Mortgage Investment Corporation

Defendants (Respondents)

and

Derek Francesco Sorrenti and Sorrenti Law Professional Corporation

Garnishees (Respondents)

COUNSEL:

Douglas Christie, for the appellants

Jordan D. Sobel for the respondents William Benazzi and WB Capital Management Inc.

Tim Gleason and Chris Donovan, for the respondents Derek Sorrenti and Sorrenti Law Professional Corporation

HEARD: February 8, 2016

On appeal from the order of Justice C. Brown of the Superior Court of Justice, dated July 8, 2015.

APPEAL BOOK ENDORSEMENT

[1] The order under appeal is interlocutory and thus this court has no jurisdiction to entertain the appeal. The order under appeal does not dispose on a final basis of either the appellants’ right to disclosure from the garnishees or their right to examine the garnishees. Such relief may be available based on either or both of further steps being taken by the appellants or based on a narrower request for relief.

[2] The appeal is therefore dismissed. Costs of the appeal to the garnishees as agreed between the parties, namely, $8,500 inclusive of disbursements and applicable taxes on a partial indemnity basis.