Foisey v. Green Estate
The order under appeal is interlocutory and the Court of Appeal lacks jurisdiction to entertain the proposed appeal; therefore the appeal is quashed without prejudice to the appellant seeking leave to appeal to the Divisional Court.
Source-derived case information.
- Citation
- 2018 ONCA 514
- Parties
- Appellant: Joyce Green, Estate Trustee for the Estate of William Joseph Green; Respondent: Darlene Mary Foisey, also known as Darline Mary Foisey, by her Litigation Guardian, The Public Guardian and Trustee
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 1 June 2018
- Procedural Posture
- Civil / Appeal to Court of Appeal From Superior Court Order (interlocutory)
- Outcome
- Appeal quashed for lack of jurisdiction.
- Legal Topics
- Interlocutory Appeal, Jurisdiction, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Green, Estate Trustee for the Estate of William Joseph Green
Appellant
Darlene Mary Foisey, also known as Darline Mary Foisey, by her Litigation Guardian, The Public Guardian and Trustee
Respondent
Procedural Posture
Civil / Appeal to Court of Appeal From Superior Court Order (interlocutory)
Legal Issues
- 1 Whether the order appealed is interlocutory and therefore beyond the jurisdiction of the Court of Appeal
- 2 Whether the appropriate remedy is to quash the appeal and leave the appellant free to seek leave to the Divisional Court
Ratio Decidendi
The order under appeal is interlocutory and the Court of Appeal lacks jurisdiction to entertain the proposed appeal; therefore the appeal is quashed without prejudice to the appellant seeking leave to appeal to the Divisional Court.
Court Disposition
Appeal quashed for lack of jurisdiction.
Orders
- Appeal quashed without prejudice to the appellant’s right to seek leave to appeal the order to the Divisional Court.
- Costs of $3500 inclusive of disbursements and all applicable taxes payable to the respondent.
Full Case Text
Judgment text and source record
1 paragraphs
Foisey v. Green Estate Collection Decisions of the Court of Appeal Date 2018-06-01 Neutral citation 2018 ONCA 514 Docket numbers C64798 Judges Watt, David; Huscroft, Grant; Trotter, Gary T. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Foisey v. Green Estate, 2018 ONCA 514 DATE: 20180601 DOCKET: C64798 Watt, Huscroft and Trotter JJ.A. BETWEEN Darlene Mary Foisey, also known as Darline Mary Foisey, by her Litigation Guardian, The Public Guardian and Trustee Respondent and Joyce Green, Estate Trustee for the Estate of William Joseph Green Appellant Brian N. Radnoff, for the appellant Jordan Lester, for the respondent Heard and released orally: May 30, 2018 On appeal from the order of Justice W. Danial Newton of the Superior Court of Justice, dated November 29, 2017. REASONS FOR DECISION [1] In our view, the order under appeal is interlocutory and this court lacks jurisdiction to entertain the proposed appeal. [2] In reaching this conclusion we have in mind what was said by a panel of this court in Durbin v. Brant, 2017 ONCA 463, at paras. 4-6. [3] The appeal to this court is quashed without prejudice to the appellant’s right to seek leave to appeal the order to the Divisional Court. Costs of $3500 inclusive of disbursements and all applicable taxes payable to the respondent. “David Watt J.A.” “Grant Huscroft J.A.” “G.T. Trotter J.A.”