Mardonet V. BDO Canada LLP: Orders Quashing Summons To Parties Are Interlocutory And Not Final

The Ontario Court of Appeal in Mardonet v. BPO Canada LLP determined that a motions judge's order quashing a summons to a party is interlocutory, even if the summons is issued for a motion in which the party is not involved.

In Mardonet, the plaintiff sued the appellants to recover funds that were allegedly misappropriated and alleged that the moving parties were negligent in conducting audits and failing to detect the misappropriation of funds. The plaintiff moved for a Mareva injunction against the appellants, who in turn served notices of examination against the moving parties. The notices of examination were quashed by a motions judge.

While the moving parties submitted that the order under appeal was interlocutory, the appellants submitted it was final. Relying on Smerchanski v. Lewis, which held that an order quashing a summons to a non-party was final because it finally disposed of the rights of both the non-party and the party who issued the summons, the