Teperman (Estate) v. Teperman
The order under appeal was not a final order and therefore the Court of Appeal lacked jurisdiction to hear the appeal; accordingly the appeal was quashed and no costs were awarded.
Source-derived case information.
- Citation
- C43514
- Parties
- Appellant: Estate of Ryta Teperman; Respondent: Symcha Teperman
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 2 December 2005
- Procedural Posture
- Civil Appeal / Appeal From Decision of the Superior Court of Justice (appeal Quashed for Lack of Jurisdiction)
- Outcome
- Appeal quashed for lack of jurisdiction
- Legal Topics
- Appealability, Final Order, Interlocutory Order, Jurisdiction, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Estate of Ryta Teperman
Appellant
Symcha Teperman
Respondent
Procedural Posture
Civil Appeal / Appeal From Decision of the Superior Court of Justice (appeal Quashed for Lack of Jurisdiction)
Legal Issues
- 1 Whether the order under appeal was a final, appealable order
- 2 Whether the Court of Appeal had jurisdiction to hear the appeal
- 3 Whether costs should be awarded given lack of jurisdiction
Ratio Decidendi
The order under appeal was not a final order and therefore the Court of Appeal lacked jurisdiction to hear the appeal; accordingly the appeal was quashed and no costs were awarded.
Court Disposition
Appeal quashed for lack of jurisdiction
Orders
- Appeal quashed for lack of jurisdiction
- No costs
Full Case Text
Judgment text and source record
1 paragraphs
Teperman (Estate) v. Teperman Collection Decisions of the Court of Appeal Date 2005-12-02 Docket numbers C43514 Judges Laskin, John Ivan; Sharpe, Robert J.; MacFarland, Jean Louise Subject Civil Decision Content DATE: 20051201 DOCKET: C43514 COURT OF APPEAL FOR ONTARIO RE: ESTATE OF RYTA TEPERMAN (Appellant) –and- SYMCHA TEPERMAN (Respondent) BEFORE: LASKIN, SHARPE and MACFARLAND JJ.A. COUNSEL: Joseph Markin for the appellant Paul Pellman for the respondent HEARD & ENDORSED: December 1, 2005 On appeal from the judgment of Justice Dambrot of the Superior Court of Justice, dated April 8, 2005 made at Toronto, Ontario. APPEAL BOOK ENDORSEMENT [1] The order under appeal is not a final order. The appeal is therefore quashed for lack of jurisdiction. [2] In the circumstances, there shall be no costs.