Canada Judgment

Court of Appeal for Ontario

Hud v. West Nipissing (Municipality)

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Source document

01

Holding and result

The Court quashed the appeal for lack of jurisdiction because a scheduling order is interlocutory and, under binding precedent, the appeal should have been brought to the Divisional Court; accordingly the Court of Appeal could not hear the appeal and left substantive issues to be addressed in the summary judgment motion.

Court disposition

Appeal quashed for lack of jurisdiction; no costs awarded; outstanding issues to be resolved in summary judgment proceedings.

Orders

  • Appeal quashed
  • Proceedings remitted to the Superior Court of Justice for determination of issues on the summary judgment motion
  • No costs awarded on the appeal

02

Material facts

Parties

Lorence Hud

Plaintiff (appellant)

The Corporation of The Municipality of West Nipissing

Defendant (respondent) Counsel: Rose Muscolino

10306398 Canada Ltd.

Defendant (respondent) Counsel: Ashlee Barber

Chris Amon

Defendant (respondent) Counsel: Ashlee Barber

His Majesty the King in Right of Ontario

Defendant (respondent) Counsel: Liam Dart

The West Nipissing Police Services Board

Defendant (respondent) Counsel: Rose Muscolino

Louise Laforge

Defendant (respondent) Counsel: Rose Muscolino

Charles Seguin

Defendant (respondent) Counsel: Rose Muscolino

Raymond St. Pierre

Defendant (respondent) Counsel: Rose Muscolino

Nathalie Rifou

Defendant (respondent) Counsel: Rose Muscolino

Peter Mantha

Defendant (respondent) Counsel: Rose Muscolino

Francois Savage

Defendant (respondent) Counsel: Rose Muscolino

David Van Dusen

Defendant (respondent) Counsel: Liam Dart

Craig Furtney

Defendant (respondent) Counsel: Liam Dart

Ryan Naismith

Defendant (respondent) Counsel: Liam Dart

Greg Walsh

Defendant (respondent) Counsel: Liam Dart

Daniel Bellefeuille

Defendant (respondent) Counsel: Liam Dart

Jason Veley

Defendant (respondent) Counsel: Liam Dart

E.P. Lefebvre

Defendant (respondent) Counsel: Liam Dart

Jason Perpich

Defendant (respondent) Counsel: Liam Dart

Brendan Clarke

Defendant (respondent) Counsel: Liam Dart

John Doe

Defendant (respondent) Counsel: Liam Dart

03

Procedural history

  1. Posture

    Civil / Interlocutory Appeal From a Scheduling Order (appeal Quashed for Lack of Jurisdiction)

04

Questions and positions

Legal issues

Party arguments

Applicant
Appellant (acting in person) appealed the June 12, 2025 scheduling order to the Court of Appeal, arguing the scheduling and related interlocutory rulings were erroneous and seeking appellate relief.
Respondent
Respondents argued the scheduling order is interlocutory, appeal lies to the Divisional Court under established precedent, the Court of Appeal lacks jurisdiction to hear the appeal, and the appeal should be quashed; they further submitted outstanding issues should be resolved on the summary judgment motion and opposed costs.

05

Court’s reasoning

  1. 01

    Ontario College of Teachers v. Bouragba, 2021 ONCA 8

    Scheduling orders are interlocutory and do not confer Court of Appeal jurisdiction

  2. 02

    Ontario College of Teachers v. Bouragba, 2021 ONCA 8

    Appeals from interlocutory orders should ordinarily be brought to the Divisional Court

  3. 03

    Court of Appeal practice and inherent jurisdiction

    Appellate courts have discretion to award or refuse costs

06

Ratio, limits and disposition

Ratio decidendi

The Court quashed the appeal for lack of jurisdiction because a scheduling order is interlocutory and, under binding precedent, the appeal should have been brought to the Divisional Court; accordingly the Court of Appeal could not hear the appeal and left substantive issues to be addressed in the summary judgment motion.

Obiter and limits

  • The court noted it exercised its discretion not to award costs on this appeal.
  • The court observed that the issues of concern to the appellant will be addressed in the summary judgment motion in the Superior Court.

Court disposition

Appeal quashed for lack of jurisdiction; no costs awarded; outstanding issues to be resolved in summary judgment proceedings.

  • Appeal quashed
  • Proceedings remitted to the Superior Court of Justice for determination of issues on the summary judgment motion
  • No costs awarded on the appeal

Source and reliance status

Court of Appeal for Ontario · 9 April 2026

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Judgment text

The complete available source text.

Source document

Court of Appeal for Ontario

Judgment· 9 April 2026

2026 ONCA 260

Hud v. West Nipissing (Municipality) Collection Decisions of the Court of Appeal Date 2026-04-09 Neutral citation 2026 ONCA 260 Docket numbers COA-25-CV-0842 Judges Paciocco, David M.; Thorburn, Julie; Dawe, Jonathan Subject Civil Decision Content

COURT OF APPEAL FOR ONTARIO CITATION: Hud v. West Nipissing (Municipality), 2026 ONCA 260 DATE: 20260409 DOCKET: COA-25-CV-0842 Paciocco, Thorburn and Dawe JJ.A.

BETWEEN Lorence Hud Plaintiff (Appellant) and The Corporation of The Municipality of West Nipissing, 10306398 Canada Ltd., Chris Amon, His Majesty the King in Right of Ontario, The West Nipissing Police Services Board, Louise Laforge, Charles Seguin, Raymond St. Pierre, Nathalie Rifou, Peter Mantha, Francois Savage, David Van Dusen, Craig Furtney, Ryan Naismith, Greg Walsh, Daniel Bellefeuille, Jason Veley, E.P. Lefebvre, Jason Perpich, Brendan Clarke, and John Doe Defendants/Moving Parties (Respondents) Lorence Hud, acting in person Rose Muscolino, for the respondents, The Corporation of the Municipality of West Nipissing, The West Nipissing Police Services Board, Louise Laforge, Charles Seguin, Raymond St. Pierre, Nathalie Rifou, Peter Mantha and Francois Savage Ashlee Barber, for the respondents, Chris Amon and 10306398 Canada Ltd. Liam Dart, for the respondents, His Majesty the King in Right of Ontario, David Van Dusen, Craig Furtney, Ryan Naismith, Greg Walsh, Daniel Bellefeuille, Jason Veley, E.P. Lefebvre, Jason Perpich, Brendan Clarke and John Doe Heard and rendered orally: April 8, 2026 On appeal from the order of Justice M. Gregory Ellies of the Superior Court of Justice, dated June 12, 2025.

REASONS FOR DECISION [1] The appeal before us is from a June 12, 2025, scheduling order made in the Ontario Superior Court of Justice in connection with longstanding litigation initiated by Mr. Hud against numerous defendants. A scheduling order is an interlocutory order because it does not determine the merits of the dispute: Ontario College of Teachers v. Bouragba, 2021 ONCA 8. The appeal should therefore have been brought to the Divisional Court. Since this is not a final order, this court does not have jurisdiction to hear the appeal. The appeal is therefore quashed. The issues of concern to Mr. Hud will be dealt with in the summary judgment motion. [2] We have decided, in our discretion, not to award costs. “David M. Paciocco J.A.” “Thorburn J.A.” “J. Dawe J.A.”

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Authorities

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Ontario College of Teachers v. Bouragba, 2021 ONCA 8

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