Bank of Nova Scotia v. McLennan
The Court of Appeal has no jurisdiction to hear this appeal from a Divisional Court interlocutory order; the appeal is quashed and costs are awarded to the respondent given the clear early notice of the jurisdictional defect and the contractual basis for costs.
Source-derived case information.
- Citation
- 2014 ONCA 331
- Parties
- Plaintiff: The Bank of Nova Scotia; Defendant: Alec McLeod McLennan also known as Alex McLeod McLennan; Defendant: Mary Lynn McLennan also known as Lynn McLennan
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 29 April 2014
- Procedural Posture
- Collection / Appeal to Court of Appeal From Divisional Court Order
- Outcome
- Appeal quashed; costs awarded to respondent
- Legal Topics
- Jurisdiction, Interlocutory Appeal, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Bank of Nova Scotia
Plaintiff
Alec McLeod McLennan also known as Alex McLeod McLennan
Defendant
Mary Lynn McLennan also known as Lynn McLennan
Defendant
Procedural Posture
Collection / Appeal to Court of Appeal From Divisional Court Order
Legal Issues
- 1 Whether the Court of Appeal has jurisdiction to hear an appeal from a Divisional Court order
- 2 Whether interlocutory orders are appealable to the Court of Appeal with or without leave
- 3 Entitlement to costs and quantum
Ratio Decidendi
The Court of Appeal has no jurisdiction to hear this appeal from a Divisional Court interlocutory order; the appeal is quashed and costs are awarded to the respondent given the clear early notice of the jurisdictional defect and the contractual basis for costs.
Court Disposition
Appeal quashed; costs awarded to respondent
Orders
- The appeal is quashed.
- Costs of the appeal awarded to the respondent in the amount of $5,800, inclusive of taxes and disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
Bank of Nova Scotia v. McLennan Collection Decisions of the Court of Appeal Date 2014-04-29 Neutral citation 2014 ONCA 331 Docket numbers C58028 Judges Doherty, David H.; Cronk, Eleanore Ann; Hourigan, C. William Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Bank of Nova Scotia v. McLennan, 2014 ONCA 331 DATE: 20140425 DOCKET: C58028 Doherty, Cronk and Hourigan JJ.A. BETWEEN The Bank of Nova Scotia Plaintiff (Respondent) and Alec McLeod McLennan also known as Alex McLeod McLennan and Mary Lynn McLennan also known as Lynn McLennan Defendants (Appellants) Alec McLeod McLennan, appearing in person Douglas Bourassa, for the plaintiff (respondent) Heard: April 22, 2014 On appeal from the order of Justice John R. Belleghem of the Superior Court of Justice, dated November 14, 2013. APPEAL BOOK ENDORSEMENT [1] We agree that this court has no jurisdiction. The order under appeal is an order of the Divisional Court. There is no right of appeal to this court. Leave is necessary. The order is also an interlocutory order. No appeal lies to this court, with or without leave, from an interlocutory order. The appeal is quashed. Costs of the Appeal [2] The appellant had clear notice of the jurisdictional problem very early on in this proceeding. The Bank also relies on the contractual terms of the loan in any part of his claim for full indemnity costs. We agree with those submissions. Costs in the amount of $5,800, inclusive of taxes and disbursements.