Pasquale Doldo (Canadian Construction and Trucking) v. 1497601 Ontario Limited (Weston Gate Gardens)

Pasquale Doldo (Canadian Construction and Trucking) v. 1497601 Ontario Limited (Weston Gate Gardens)

The court concluded the decision below constituted a default judgment and therefore the appropriate remedy is a motion to set aside that default; further, orders of a Master and appeals in construction lien matters fall to the Divisional Court under s.19(1)(c) of the Courts of Justice Act and ss.70-71 of the Construction Lien Act, so this court lacked jurisdiction and the appeal must be struck.

Citation
2014 ONCA 73
Parties
Plaintiff (respondent): Pasquale Doldo c.o.b. as Canadian Construction and Trucking; Defendant (appellant): 1497601 Ontario Limited c.o.b. as Weston Gate Gardens
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
27 January 2014
Procedural Posture
Collection / Motion to Quash Appeal (jurisdiction)
Outcome
Appeal struck for lack of jurisdiction
Legal Topics
Default Judgment, Appeal Jurisdiction, Construction Lien, Final Order, Striking Pleadings, Costs
Source Language
English
Civil Procedure Construction Law Collections Default Judgment Appeal Jurisdiction Construction Lien Final Order Striking Pleadings +1 more

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Parties

Pasquale Doldo c.o.b. as Canadian Construction and Trucking

Plaintiff (respondent)

1497601 Ontario Limited c.o.b. as Weston Gate Gardens

Defendant (appellant)

Procedural Posture

Collection / Motion to Quash Appeal (jurisdiction)

Legal Issues

  1. 1 Whether the court has jurisdiction to hear the appeal
  2. 2 Whether the decision below was a default judgment and the proper remedy
  3. 3 Whether an order striking a counterclaim by a Master is appealable to this court or to the Divisional Court

Ratio Decidendi

The court concluded the decision below constituted a default judgment and therefore the appropriate remedy is a motion to set aside that default; further, orders of a Master and appeals in construction lien matters fall to the Divisional Court under s.19(1)(c) of the Courts of Justice Act and ss.70-71 of the Construction Lien Act, so this court lacked jurisdiction and the appeal must be struck.

Court Disposition

Appeal struck for lack of jurisdiction

Orders

  • Appeal struck for lack of jurisdiction
  • Costs of the motion to the respondent fixed at $5,500 inclusive of taxes and disbursements