DATE: 20040604
DOCKET: C40963
COURT OF APPEAL FOR ONTARIO
| RE: | CERTAS DIRECT INSURANCE COMPANY (Plaintiff (Appellant)) - and - SCOTT LALIBERTE (Defendant (Respondent)) |
| BEFORE: | MOLDAVER, GILLESE and BLAIR JJ.A. |
| COUNSEL: | Ryan M. Naimark for the appellant |
| Bert Raphael, Q.C. for the respondent | |
| HEARD & ENDORSED: | June 3, 2004 |
| On appeal from the order of Justice Gordon P. Killeen of the Superior Court of Justice dated November 3, 2003. | |
APPEAL BOOK ENDORSEMENT
[1] In our view, the order of Killeen J. is interlocutory (see Fallon v. Root, [1997] O.J. No. 2546 (C.A.) and General Capital Growth Ltd. v. City of Burlington et al. (1979) 24 O.R. (2d) 669 (C.A.).
[2] Accordingly the appeal is quashed. Costs to the respondent in the amount of $3,500 inclusive of GST and disbursements.
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