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

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.