Ontario Civil


Appeal

Procedure
Motion judge’s determination that limitation period had not run was not final order

Plaintiff brought action for payment for equipment it supplied to defendant. Defendant’s motion for summary judgment on basis that equipment was returned to plaintiff was dismissed. Defendant brought motion for leave to appeal and sought permission for late filing of notice of appeal. Motion dismissed. Motion judge’s determination that limitation period had not run was not binding and was not final order. Were court to grant leave to file notice of appeal, it would not have jurisdiction to entertain appeal.

Vanden Bussche Irrigation & Equipment Ltd. v. Kejay Investments Inc. (Aug. 4, 2016, Ont. C.A., K.M. Weiler J.A., In Chambers, CA M46741) 269 A.C.W.S. (3d) 10.

cover image

DIGITAL EDITION

Subscribers get early and easy access to Law Times.

Law Times Poll


A report is making waves because it reveals statistics about composition of juries in two Eastern Ontario regions, which lawyers say show how the system can be biased. Do you believe Ontario juries are representative of all the people who come before the court?
RESULTS ❯