Cheung v. Shuen
The order striking paragraphs of the statement of defence was interlocutory and did not dispose of any substantive defence; therefore the Court of Appeal lacked jurisdiction to entertain the appeal and the respondent's motion to quash the appeal was granted.
Source-derived case information.
- Citation
- 2015 ONCA 403
- Parties
- Respondent: Kin Kwok Cheung aka K.K. Cheung; Respondent: CToday TV Broadcasting Corporation; Respondent: China Economy International Corp.; Appellant: Piera Shuen aka Sau Har Ip; Appellant: Chinese Culture TV of Canada CCTV Inc.
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 5 June 2015
- Procedural Posture
- Civil Appeal / Appeal — Motion to Quash Interlocutory Appeal
- Outcome
- Respondent's motion to quash the appeal granted; appeal dismissed for lack of jurisdiction.
- Legal Topics
- Appealability, Interlocutory Orders, Striking Pleadings, Scandalous Pleadings, Costs Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kin Kwok Cheung aka K.K. Cheung
Respondent
CToday TV Broadcasting Corporation
Respondent
China Economy International Corp.
Respondent
Piera Shuen aka Sau Har Ip
Appellant
Chinese Culture TV of Canada CCTV Inc.
Appellant
Procedural Posture
Civil Appeal / Appeal — Motion to Quash Interlocutory Appeal
Legal Issues
- 1 Whether the order striking paragraphs of the statement of defence as scandalous, frivolous and irrelevant was appealable
- 2 Whether the Court of Appeal had jurisdiction to hear the appeal from that order
- 3 Whether the order disposed of any substantive defence
Ratio Decidendi
The order striking paragraphs of the statement of defence was interlocutory and did not dispose of any substantive defence; therefore the Court of Appeal lacked jurisdiction to entertain the appeal and the respondent's motion to quash the appeal was granted.
Court Disposition
Respondent's motion to quash the appeal granted; appeal dismissed for lack of jurisdiction.
Orders
- Motion to quash the appeal granted
- Costs of the motion and the appeal fixed at $18,000, all inclusive
Full Case Text
Judgment text and source record
1 paragraphs
Cheung v. Shuen Collection Decisions of the Court of Appeal Date 2015-06-05 Neutral citation 2015 ONCA 403 Docket numbers C59833, M44676 Judges Juriansz, Russell G.; Lauwers, Peter D.; Huscroft, Grant Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Cheung v. Shuen, 2015 ONCA 403 DATE: 20150604 DOCKET: M44676 (C59833) Juriansz, Lauwers and Huscroft JJ.A. BETWEEN Kin Kwok Cheung aka K.K. Cheung, CToday TV Broadcasting Corporation and China Economy International Corp. Plaintiffs/Defendants by Counterclaim (Respondents) and Piera Shuen aka Sau Har Ip and Chinese Culture TV of Canada CCTV Inc. (“CCCTV”) Defendants/Plaintiffs by Counterclaim (Appellants) Chi-Kun Shi, for the appellants (defendants) Shaun Laubman, for respondents Heard: June 2, 2015 On appeal from the order of Justice Laurence Pattillo of the Superior Court of Justice, dated December 9, 2014. APPEAL BOOK ENDORSEMENT [1] The respondent’s motion to quash the appeal is granted. The order under appeal is interlocutory. The order struck certain paragraphs of the statement of defence as scandalous, frivolous and irrelevant. It did not dispose of any substantive defence. This court is without jurisdiction to entertain the appeal. [2] Costs of the motion and the appeal are fixed in the amount of $18,000 as agreed by counsel, all inclusive.