Court File and Parties

CITATION: Boustany v. Singh, 2021 ONSC 5607

DIVISIONAL COURT FILE NO.: 361/21

DATE: 20210820

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: MARIE BOUSTANY and BRIAN PICCIONI, Plaintiffs / Responding Parties

AND: HARVIR SINGH, KAMALJIT SINGH, et al., Defendants / Moving Party

BEFORE: D.L. Corbett, Matheson and Kristjanson JJ.

COUNSEL: Roger Foisy, Manjot Heer and Daniel Berman, for the Responding Party Christopher Missiuna, for the Moving Party

HEARD: In writing

Endorsement

[1] The motion for leave to appeal from the order of Gibson J. dated April 27, 2021 (2021 ONSC 3140) is dismissed without costs.

[2] This court notes that the order of Gibson J. is interlocutory and is not binding on the trial judge. Any ambiguity as to whether the motions judge decided the legal issue respecting liability against the plaintiff on a final basis is put to rest by the formal order, which does no more than dismiss the motion brought pursuant to R.21.

D.L. Corbett J.

Matheson J.

Kristjanson J.

Date: August 20, 2021