Admassu v. Peekaboo Child Care Centre
The motion is dismissed because this Court of Appeal has no jurisdiction to entertain an appeal from a refusal to grant leave to appeal to the Divisional Court; accordingly the interlocutory relief sought cannot be granted and costs are fixed.
Source-derived case information.
- Citation
- 2009 ONCA 576
- Parties
- Appellant: Ayele Admassu; Respondent: Peekaboo Child Care Centre; Respondent: Mistie Pelastik
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 20 July 2009
- Procedural Posture
- Civil / Appeal From Interlocutory Order; Motion to Dismiss Appeal From Refusal to Grant Leave to Divisional Court
- Outcome
- motion dismissed
- Legal Topics
- Leave to Amend, Striking Pleadings, Leave to Appeal to Divisional Court, Interlocutory Appeal Jurisdiction, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ayele Admassu
Appellant
Peekaboo Child Care Centre
Respondent
Mistie Pelastik
Respondent
Procedural Posture
Civil / Appeal From Interlocutory Order; Motion to Dismiss Appeal From Refusal to Grant Leave to Divisional Court
Legal Issues
- 1 Whether the pleaded claims for fraud and conspiracy disclose a reasonable cause of action
- 2 Whether the Court of Appeal has jurisdiction to entertain an appeal from a refusal to grant leave to appeal to the Divisional Court
- 3 Whether costs should be awarded and in what amount
Ratio Decidendi
The motion is dismissed because this Court of Appeal has no jurisdiction to entertain an appeal from a refusal to grant leave to appeal to the Divisional Court; accordingly the interlocutory relief sought cannot be granted and costs are fixed.
Court Disposition
motion dismissed
Orders
- Motion dismissed
- Costs fixed in the amount of $1,000 inclusive of disbursements and G.S.T.
Full Case Text
Judgment text and source record
1 paragraphs
Admassu v. Peekaboo Child Care Centre Collection Decisions of the Court of Appeal Date 2009-07-20 Neutral citation 2009 ONCA 576 Docket numbers M37373, M37452, M37487 Judges Juriansz, Russell G.; Rouleau, Paul S.; Epstein, Gloria Jean Subject Civil Decision Content CITATION: Admassu v. Peekaboo Child Care Centre, 2009 ONCA 576 DATE: 20090720 DOCKET: M37373, M37452 & M37487 COURT OF APPEAL FOR ONTARIO Juriansz, Rouleau and Epstein JJ.A. BETWEEN Ayele Admassu Appellant and Peekaboo Child Care Centre and Mistie Pelastik Respondents Ayele Admassu, in person James R. Smith, for the respondents Heard: July 17, 2009 APPEAL BOOK ENDORSEMENT [1] Pollak J. found the appellant’s claims for fraud and conspiracy do not disclose any reasonable cause of action as pleaded. She struck those claims with leave to amend. Reilly J. refused leave to appeal to the Divisional Court. First Feldman J.A. and then Moldaver J.A. refused to grant any relief in this court on the basis that this court has no jurisdiction to entertain an appeal from a refusal to grant leave to appeal to the Divisional Court; from an interlocutory order. We agree. [2] This motion is dismissed. Costs of today fixed in the amount of $1,000 inclusive of disbursements and G.S.T.