Daly v. NYX Tannery Ltd.
Both appeals were quashed because the Court of Appeal lacked jurisdiction: the amendment to the title was an interlocutory order appealable only to the Divisional Court with leave, and the costs order was for less than $50,000 and thus any appeal lies to the Divisional Court and requires leave, including as an...
Source-derived case information.
- Citation
- 2022 ONCA 213
- Parties
- Applicant/appellant/responding Party: Julie Daly also known as Julie Samantha Lawrence; Respondent/moving Party: NYX Tannery Ltd.; Respondent: Corporation of the City of Mississauga
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 15 March 2022
- Procedural Posture
- Civil Appeal / Motion to Quash Appeals at Court of Appeal
- Outcome
- Motion granted; both appeals quashed; moving party awarded costs of the motion.
- Legal Topics
- Interlocutory Appeal, Jurisdiction, Costs Awards, Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julie Daly also known as Julie Samantha Lawrence
Applicant/appellant/responding Party
NYX Tannery Ltd.
Respondent/moving Party
Corporation of the City of Mississauga
Respondent
Procedural Posture
Civil Appeal / Motion to Quash Appeals at Court of Appeal
Legal Issues
- 1 Whether the Court of Appeal had jurisdiction to hear an appeal from an interlocutory order amending the title of proceedings
- 2 Whether an order awarding costs for an amount less than $50,000 is appealable to the Court of Appeal or only to the Divisional Court
- 3 Whether leave to appeal was required for the impugned orders
Ratio Decidendi
Both appeals were quashed because the Court of Appeal lacked jurisdiction: the amendment to the title was an interlocutory order appealable only to the Divisional Court with leave, and the costs order was for less than $50,000 and thus any appeal lies to the Divisional Court and requires leave, including as an appeal from an award of costs.
Court Disposition
Motion granted; both appeals quashed; moving party awarded costs of the motion.
Orders
- Both appeals quashed.
- Motion to quash granted.
Full Case Text
Judgment text and source record
1 paragraphs
Daly v. NYX Tannery Ltd. Collection Decisions of the Court of Appeal Date 2022-03-15 Neutral citation 2022 ONCA 213 Docket numbers C69259, C69260, M52379 Judges van Rensburg, Katherine; Nordheimer, Ian V.B.; Harvison Young, Alison Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Daly v. NYX Tannery Ltd., 2022 ONCA 213 DATE: 20220315 DOCKET: M52379 (C69259 & C69260) van Rensburg, Nordheimer and Harvison Young JJ.A. BETWEEN Julie Daly also known as Julie Samantha Lawrence Applicant (Appellant/Responding Party) and NYX Tannery Ltd. and Corporation of the City of Mississauga Respondents (Respondents/Moving Party) Glenn Grenier, for the moving party Julie Daly, acting in person Heard: March 9, 2022 by video conference REASONS FOR DECISION [1] The respondent, NYX Tannery Ltd., moves to quash two appeals brought by the appellant. One is from the order of Chown J., dated February 22, 2021, which awarded the moving party costs of $30,000 arising out of the appellant’s discontinuance of an application against the respondents. The other is from the order of Trimble J., dated February 19, 2021, which granted an amendment to the title of proceedings in the same application. [2] In our view, both appeals must be quashed. The order of Trimble J. amending the title of proceedings is an interlocutory order from which an appeal only lies to the Divisional Court with leave: Courts of Justice Act, R.S.O. 1990, c. C.34, s. 19(1)(c). Similarly, the order of Chown J. is for an amount less than $50,000 and, consequently, any appeal lies to the Divisional Court: Courts of Justice Act, ss. 19(1)(a), 19(1.2)(a). It too would require leave, as it is an appeal from an order awarding costs: Courts of Justice Act, s. 133(b). [3] The motion is granted and both appeals are quashed. The moving party is entitled to its costs of the motion, which we fix in the amount of $2,500, inclusive of disbursements and H.S.T. “K. van Rensburg J.A.” “I.V.B. Nordheimer J.A.” “Harvison Young J.A.”