Summary: This case involves an appeal by Citibank Canada against a motion judge's decision that granted Robert and Laurene Yurkovich leave to amend their statement of claim. The Yurkoviches aimed to modify their lawsuit's claims, prompting Citibank to contest the order on appeal. However, the appeal was challenged on jurisdictional grounds, with the argument that the order was interlocutory, not final.

Key Points:

• Jurisdictional Issue: The central issue was whether the Court of Appeal had jurisdiction to hear the appeal. The Yurkoviches moved to quash the appeal, asserting that the order allowing them to amend their claim was interlocutory, thus falling outside the immediate jurisdiction of the Court of Appeal.
• Court’s Analysis: The Court of Appeal agreed with the motion to quash, stating the order was interlocutory. The court referenced previous decisions to support that amendments to statements of claim generally do not constitute final orders unless they decisively determine a legal right that could not be effectively challenged later.
• Motion Judge’s Considerations: In granting the amendment, the motion judge had considered whether the amendments introduced new causes of action or merely elaborated on existing claims, concluding that the amendments did not finalise any substantive legal issues, particularly regarding limitations defenses which remained disputable at trial.

Outcome: The appeal was quashed for lack of jurisdiction, confirming the interlocutory nature of the order. The case reaffirmed that such procedural appeals should be directed to the Divisional Court with leave. The Yurkoviches were awarded costs of $7,500 for the motion and the appeal.