Weinstein v. Toronto Standard Condominium Corporation No. 1466
Because s.49 of the Arbitration Act, 1991 applied the appellant required leave to appeal; the appellant failed to establish the criteria for granting leave, therefore the appeal was quashed and leave to appeal was refused.
Source-derived case information.
- Citation
- 2021 ONCA 470
- Parties
- Appellant: Stuart Weinstein; Respondent: Toronto Standard Condominium Corporation No. 1466
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 28 June 2021
- Procedural Posture
- Civil (appeal) / Motion to Quash for Want of Jurisdiction and Motion for Leave to Appeal
- Outcome
- Appeal quashed for want of jurisdiction; leave to appeal refused; no costs
- Legal Topics
- Jurisdiction, Leave to Appeal, Statutory Restriction on Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stuart Weinstein
Appellant
Toronto Standard Condominium Corporation No. 1466
Respondent
Procedural Posture
Civil (appeal) / Motion to Quash for Want of Jurisdiction and Motion for Leave to Appeal
Legal Issues
- 1 Whether s.49 of the Arbitration Act, 1991 requires leave to appeal
- 2 Whether this Court has jurisdiction to hear the appeal
- 3 Whether the appellant established the criteria for granting leave to appeal
Ratio Decidendi
Because s.49 of the Arbitration Act, 1991 applied the appellant required leave to appeal; the appellant failed to establish the criteria for granting leave, therefore the appeal was quashed and leave to appeal was refused.
Court Disposition
Appeal quashed for want of jurisdiction; leave to appeal refused; no costs
Orders
- Appeal quashed for want of jurisdiction
- Leave to appeal refused
Full Case Text
Judgment text and source record
1 paragraphs
Weinstein v. Toronto Standard Condominium Corporation No. 1466 Collection Decisions of the Court of Appeal Date 2021-06-28 Neutral citation 2021 ONCA 470 Docket numbers C69195, M52496 Judges Doherty, David H.; Feldman, Kathryn N.; Benotto, Mary Lou Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Weinstein v. Toronto Standard Condominium Corporation No. 1466, 2021 ONCA 470 DATE: 20210628 DOCKET: M52496 (C69195) Doherty, Feldman and Benotto JJ.A. BETWEEN Stuart Weinstein Respondent (Appellant) and Toronto Standard Condominium Corporation No. 1466 Moving Party (Respondent) Timothy M. Duggan, for the moving party (respondent) Stuart Weinstein, acting in person Heard: June 24, 2021 by video conference On appeal from the decision of Justice B. Davies of the Superior Court of Justice, dated May 13, 2021. REASONS FOR DECISION [1] This is a motion to quash the appeal for want of jurisdiction. We agree with the respondent that s. 49 of the Arbitration Act, 1991 applies. Mr. Weinstein needs leave to appeal the decision of Davies J. [2] In oral submissions, Mr. Weinstein maintained his position that he had a right of appeal. However, he submitted that if the court determined leave was required, he was prepared to argue for leave to appeal today based on the material before the court on this motion. Counsel for the respondent was also prepared to proceed on that basis. [3] Consequently, the court determined that it would quash the appeal, but allow Mr. Weinstein to proceed with a motion for leave to appeal based on the materials filed on this motion. The court heard submissions from both parties. [4] It is not the practice of this court to give reasons on motions for leave to appeal and we see no reason to depart from that practice here. Mr. Weinstein has not established that the criteria for granting leave to appeal are met in this case. The appeal is quashed. Leave to appeal is refused. No costs. “Doherty J.A.” “K. Feldman J.A.” “M.L. Benotto J.A.”