Alami v. Hadda
The Court of Appeal had no jurisdiction to hear the appeal and therefore the appeal was quashed; the respondent was entitled to costs for the unsuccessful, improperly brought appeal.
Source-derived case information.
- Citation
- 2023 ONCA 510
- Parties
- Applicant (appellant): Mounia Hassani Alami; Respondent (respondent): Fadi Jamil Haddad
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 25 July 2023
- Procedural Posture
- Civil Appeal / Appeal to Court of Appeal; Decision Issued Quashing Appeal for Want of Jurisdiction
- Outcome
- Appeal quashed for want of jurisdiction
- Legal Topics
- Jurisdiction, Quashing Appeal, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mounia Hassani Alami
Applicant (appellant)
Fadi Jamil Haddad
Respondent (respondent)
Procedural Posture
Civil Appeal / Appeal to Court of Appeal; Decision Issued Quashing Appeal for Want of Jurisdiction
Legal Issues
- 1 Whether the Court of Appeal had jurisdiction to hear the appeal
- 2 Whether the appeal should be quashed for want of jurisdiction
- 3 Whether costs should be awarded to the respondent
Ratio Decidendi
The Court of Appeal had no jurisdiction to hear the appeal and therefore the appeal was quashed; the respondent was entitled to costs for the unsuccessful, improperly brought appeal.
Court Disposition
Appeal quashed for want of jurisdiction
Orders
- Appeal quashed for want of jurisdiction
- Respondent awarded costs of $6,000 inclusive of HST and disbursements
Full Case Text
Judgment text and source record
1 paragraphs
Alami v. Hadda Collection Decisions of the Court of Appeal Date 2023-07-25 Neutral citation 2023 ONCA 510 Docket numbers COA-23-CV-0028 Judges Miller, Bradley; Harvison Young, Alison; Favreau, Lise G. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Alami v. Haddad, 2023 ONCA 510 DATE: 20230725 DOCKET: COA-23-CV-0028 Miller, Harvison Young and Favreau JJ.A. BETWEEN Mounia Hassani Alami Applicant (Appellant) and Fadi Jamil Haddad Respondent (Respondent) Mounia Hassani Alami, acting in person Charles Baker, for the respondent Heard and released orally: July 21, 2023 On appeal from the order of Justice David A. Jarvis of the Superior Court of Justice, dated December 7, 2022, with reasons at 2022 ONSC 6938. REASONS FOR DECISION [1] We are persuaded that this appeal has been brought in the wrong court. There is no appeal to this court from the order below. [2] The appeal is quashed for want of jurisdiction. [3] The respondent is awarded costs in the amount of $6,000 inclusive of HST and disbursements. “B.W. Miller J.A.” “A. Harvison Young J.A.” “L. Favreau J.A.”