Court of Appeal for Ontario

Date: 2019-11-15 Docket: C66826

Judges: Pepall, Tulloch and Benotto JJ.A.

Between

Kathleen Jane Jolicoeur Plaintiff (Respondent)

and

1154479 Ontario Inc., Bradley Smith, Mark Smith and Dale Smith Defendants (Appellants)

Counsel

J. Sebastian Winny, for the appellants

Matthew T. Kelly, for the respondent

Heard and Released

Heard and released orally: November 15, 2019

On appeal from the order of Justice P.R. Sweeny of the Superior Court of Justice, dated March 18, 2019.

Reasons for Decision

[1] The appellants appeal from an order granting the respondent's motion to amend her statement of claim in this Simplified Rules action. The order appealed from is interlocutory in nature and therefore this court does not have jurisdiction. Jurisdiction lies to the Divisional Court with leave: see Prescott & Russell (United Counties) v. David S. Laflamme Construction Inc., [2018] O.J. No. 2873.

[2] The appeal is quashed for want of jurisdiction. The appellants are to pay the respondent's costs fixed in the amount of $3200, inclusive of disbursements and applicable tax.

"S.E. Pepall J.A."

"M. Tulloch J.A."

"M.L. Benotto J.A."