Nazarinia Holdings Inc. v. 2049080 Ontario Inc. (JW Car Care)
The impugned order was interlocutory because it addressed unpaid costs orders and security for costs; interlocutory orders require leave to be appealed to the Divisional Court; therefore the appeal to the Court of Appeal was quashed and the respondents were awarded costs.
Source-derived case information.
- Citation
- 2012 ONCA 652
- Parties
- Appellant: Nazarinia Holdings Inc.; Appellant: Reza Nazarinia; Respondent: 2049080 Ontario Inc. (d.b.a. JW Car Care); Respondent: Joseph Wilson; Respondent: Moira Wright
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 28 September 2012
- Procedural Posture
- Civil Appeal / Interlocutory (quashed for Lack of Leave)
- Outcome
- Appeal quashed for lack of leave.
- Legal Topics
- Interlocutory Order, Leave to Appeal, Security for Costs, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nazarinia Holdings Inc.
Appellant
Reza Nazarinia
Appellant
2049080 Ontario Inc. (d.b.a. JW Car Care)
Respondent
Joseph Wilson
Respondent
Moira Wright
Respondent
Procedural Posture
Civil Appeal / Interlocutory (quashed for Lack of Leave)
Legal Issues
- 1 Whether the order appealed is interlocutory and therefore requires leave to appeal to the Divisional Court
- 2 Whether the appeal should be quashed for lack of leave
- 3 Whether the respondents are entitled to costs
Ratio Decidendi
The impugned order was interlocutory because it addressed unpaid costs orders and security for costs; interlocutory orders require leave to be appealed to the Divisional Court; therefore the appeal to the Court of Appeal was quashed and the respondents were awarded costs.
Court Disposition
Appeal quashed for lack of leave.
Orders
- Appeal quashed.
- Respondents awarded costs fixed at $7,500 inclusive of disbursements and applicable taxes, payable forthwith.
Full Case Text
Judgment text and source record
1 paragraphs
Nazarinia Holdings Inc. v. 2049080 Ontario Inc. (JW Car Care) Collection Decisions of the Court of Appeal Date 2012-09-28 Neutral citation 2012 ONCA 652 Docket numbers C55248 Judges MacPherson, James C.; Armstrong, Robert Patrick; Blair, Robert Ashley Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Nazarinia Holdings Inc. v. 2049080 Ontario Inc. (JW Car Care), 2012 ONCA 652 DATE: 20120928 DOCKET: C55248 MacPherson, Armstrong and Blair JJ.A. BETWEEN Nazarinia Holdings Inc. and Reza Nazarinia Applicants (Appellants) and 2049080 Ontario Inc., (d.b.a. JW Car Care), Joseph Wilson and Moira Wright Respondents (Respondents) Jarad Heydary, David Alderson and Robert Kalanda, for the appellants Derek Ronde and Julianne Rawson, for the respondents Heard: September 26, 2012 On appeal from the order of Justice Thomas R. Lederer of the Superior Court of Justice, dated March 19, 2012. APPEAL BOOK ENDORSEMENT [1] The respondent raises a preliminary matter, namely, that the order being appealed is an interlocutory order and, therefore, must be appealed by seeking leave from the Divisional Court. [2] We agree. The order being appealed deals with unpaid costs orders from earlier stages of the litigation and with security for costs for the application. Both of these are interlocutory orders: see Informica Inc. v. CGI Information Systems and Management Consultants Inc. (2009), 97 O.R. 161 (C.R.), at paras. 24-26. [3] The appeal is quashed. The respondent is entitled to its costs fixed at $7500 inclusive of disbursements and applicable taxes, payable forthwith.