Skunk V Ketash: Order Dismissing Summary Judgment Motion Is Generally Interlocutory

In Skunk v Ketash, the Court of Appeal for Ontario found that an order dismissing a summary judgment motion was interlocutory. Hoy A.C.J.O., on behalf of a unanimous Court, also provided guidance on when an order dismissing a summary judgment motion may be considered a final, as opposed to an interlocutory, order.

Background

Christopher Skunk was injured while he was a passenger in a car owned by his wife. He sued Jevco Insurance Company, the car's insurer, claiming recovery on the basis that he was injured by an "uninsured vehicle" and, therefore, entitled to coverage under Jevco's policy. Jevco brought a motion for summary judgment dismissing Mr. Skunk's claim; it argued that Mr. Skunk's injuries were not covered under the policy because he was injured while he was a passenger in his wife's car.