Court of Appeal for Ontario

Date: 2018-06-01 Docket: C64798

Judges: Watt, Huscroft and Trotter JJ.A.

Between

Darlene Mary Foisey, also known as Darline Mary Foisey, by her Litigation Guardian, The Public Guardian and Trustee

Respondent

and

Joyce Green, Estate Trustee for the Estate of William Joseph Green

Appellant

Counsel

Brian N. Radnoff, for the appellant

Jordan Lester, for the respondent

Heard and released orally: May 30, 2018

On appeal from: the order of Justice W. Danial Newton of the Superior Court of Justice, dated November 29, 2017.

Reasons for Decision

[1] In our view, the order under appeal is interlocutory and this court lacks jurisdiction to entertain the proposed appeal.

[2] In reaching this conclusion we have in mind what was said by a panel of this court in Durbin v. Brant, 2017 ONCA 463, at paras. 4-6.

[3] The appeal to this court is quashed without prejudice to the appellant's right to seek leave to appeal the order to the Divisional Court. Costs of $3,500 inclusive of disbursements and all applicable taxes payable to the respondent.

"David Watt J.A." "Grant Huscroft J.A." "G.T. Trotter J.A."