Melville v. McLaren
The Court of Appeal lacked jurisdiction because the application arose under the Land Titles Act and s.27 directs appeals to Divisional Court; the appeal was transferred to Divisional Court under s.110 of the Courts of Justice Act.
Source-derived case information.
- Citation
- 2023 ONCA 652
- Parties
- Appellant: Janet Elizabeth Melville; Respondent: Shon June McLaren
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 4 October 2023
- Procedural Posture
- Civil / Appeal (transferred to Divisional Court)
- Outcome
- Appeal transferred to Divisional Court; no order as to costs.
- Legal Topics
- Appeal Jurisdiction, Statutory Appeal Route, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janet Elizabeth Melville
Appellant
Shon June McLaren
Respondent
Procedural Posture
Civil / Appeal (transferred to Divisional Court)
Legal Issues
- 1 Does the Court of Appeal have jurisdiction to hear an appeal under the Land Titles Act?
- 2 Does s.27 of the Land Titles Act require appeals to be heard by Divisional Court?
- 3 Can the Court of Appeal transfer the appeal to Divisional Court under s.110 of the Courts of Justice Act?
Ratio Decidendi
The Court of Appeal lacked jurisdiction because the application arose under the Land Titles Act and s.27 directs appeals to Divisional Court; the appeal was transferred to Divisional Court under s.110 of the Courts of Justice Act.
Court Disposition
Appeal transferred to Divisional Court; no order as to costs.
Orders
- Appeal transferred to Divisional Court pursuant to s.110 of the Courts of Justice Act
- No order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
Melville v. McLaren Collection Decisions of the Court of Appeal Date 2023-10-04 Neutral citation 2023 ONCA 652 Docket numbers COA-23-CV-0073 Judges Pepall, Sarah E.; van Rensburg, Katherine; Monahan, Patrick J. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Melville v. McLaren, 2023 ONCA 652 DATE: 20231004 DOCKET: COA-23-CV-0073 Pepall, van Rensburg and Monahan JJ.A. BETWEEN Janet Elizabeth Melville Applicant (Appellant) and Shon June McLaren Respondent (Respondent) Robert Daniel Malen, for the appellant Terrence Howard Hill and Karen Faye Shedden, for the respondent Heard and released orally: September 25, 2023 On appeal from the order of Justice Linda M. Walters of the Superior Court of Justice, dated January 13, 2023. REASONS FOR DECISION [1] This court does not have jurisdiction to hear this appeal. [2] The application that was the subject matter of this appeal was brought under and related to the Land Titles Act, R.S.O. 1990, c. L.5. Pursuant to s. 27 of that Act, an appeal lies to Divisional Court. See also CIBC Mortgages Inc. v. Computershare Trust Co. of Canada, 2015 ONCA 846, 342 O.A.C. 49. [3] Pursuant to s. 110 of the Courts of Justice Act, R.S.O. 1990, c. C.43, the appeal is transferred to Divisional Court. [4] There will be no order as to costs. “S.E. Pepall J.A.” “K. van Rensburg J.A.” “P.J. Monahan J.A.”