Chand v. Qureshi

Chand v. Qureshi

The appeal was quashed because the order under appeal was interlocutory and appeals from such orders lie, with leave, to the Divisional Court under s.19(1)(b) of the Courts of Justice Act, not to the Court of Appeal.

Citation
2016 ONCA 231
Parties
Appellant (plaintiff): Hem Chand; Respondent (defendant): Fazila Qureshi; Respondent (defendant): Waqar Alam
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
4 April 2016
Procedural Posture
Civil / Appeal From Interlocutory Order Arising From Motion for Summary Judgment
Outcome
Appeal quashed.
Legal Topics
Summary Judgment, Interlocutory Order, Leave to Appeal, Courts of Justice Act S.19(1)(b)
Source Language
English
Civil Civil Procedure Appeals Summary Judgment Interlocutory Order Leave to Appeal Courts of Justice Act S.19(1)(b)

Case Brief

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Parties

Hem Chand

Appellant (plaintiff)

Fazila Qureshi

Respondent (defendant)

Waqar Alam

Respondent (defendant)

Procedural Posture

Civil / Appeal From Interlocutory Order Arising From Motion for Summary Judgment

Legal Issues

  1. 1 Whether the Court of Appeal had jurisdiction to hear an appeal from the motion judge's interlocutory order dismissing the plaintiff's motion for summary judgment
  2. 2 Whether the appeal should have been brought, with leave, to the Divisional Court under s.19(1)(b) of the Courts of Justice Act

Ratio Decidendi

The appeal was quashed because the order under appeal was interlocutory and appeals from such orders lie, with leave, to the Divisional Court under s.19(1)(b) of the Courts of Justice Act, not to the Court of Appeal.

Court Disposition

Appeal quashed.

Orders

  • Appeal quashed.
  • No costs are requested.