Cass v. Lai
The appeal was quashed because The Children's Lawyer lacked standing—she had not been appointed Litigation Guardian nor intervened, and the Litigation Guardian did not appeal—therefore there was no proper appeal before the court.
Source-derived case information.
- Citation
- 2007 ONCA 507
- Parties
- Plaintiff (respondent in Appeal): AMANDA CASS (a minor by her Litigation Guardian SHERRIE GARDINER); Plaintiff (respondent in Appeal): SHERRIE GARDINER; Respondent (respondent in Appeal): DR. WENG K. LAI; Respondent (respondent in Appeal): HOTEL-DIEU GRACE HOSPITAL (improperly styled as the Salvation Army Grace Hospital); Appellant: THE CHILDREN'S LAWYER
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 5 July 2007
- Procedural Posture
- Civil / Appeal From Superior Court of Justice Orders Dated February 2, 2007
- Outcome
- Appeal quashed for lack of standing.
- Legal Topics
- Standing to Appeal, Litigation Guardian Appointment, Role of the Children's Lawyer, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
AMANDA CASS (a minor by her Litigation Guardian SHERRIE GARDINER)
Plaintiff (respondent in Appeal)
SHERRIE GARDINER
Plaintiff (respondent in Appeal)
DR. WENG K. LAI
Respondent (respondent in Appeal)
HOTEL-DIEU GRACE HOSPITAL (improperly styled as the Salvation Army Grace Hospital)
Respondent (respondent in Appeal)
THE CHILDREN'S LAWYER
Appellant
Procedural Posture
Civil / Appeal From Superior Court of Justice Orders Dated February 2, 2007
Legal Issues
- 1 Whether The Children's Lawyer had standing to bring the appeal
- 2 Whether an appeal can proceed where the Litigation Guardian did not appeal
- 3 Appropriate costs order following dismissal for lack of standing
Ratio Decidendi
The appeal was quashed because The Children's Lawyer lacked standing—she had not been appointed Litigation Guardian nor intervened, and the Litigation Guardian did not appeal—therefore there was no proper appeal before the court.
Court Disposition
Appeal quashed for lack of standing.
Orders
- Appeal quashed.
- Costs awarded to each respondent in the amount of $2,000 each, inclusive of disbursements and GST.
Full Case Text
Judgment text and source record
1 paragraphs
Cass v. Lai Collection Decisions of the Court of Appeal Date 2007-07-05 Neutral citation 2007 ONCA 507 Docket numbers C46787 Judges O’Connor, Dennis; Moldaver, Michael James; Rouleau, Paul S. Subject Civil Decision Content CITATION: Cass v. Lai, 2007 ONCA 507 DATE: 20070705 DOCKET: C46787 COURT OF APPEAL FOR ONTARIO O’CONNOR A.C.J.O., MOLDAVER and ROULEAU JJ.A. BETWEEN: AMANDA CASS, a minor by her Litigation Guardian SHERRIE GARDINER, and the said SHERRI GARDINER Plaintiffs (Respondent in Appeal) and DR. WENG K. LAI and THE SALVATION ARMY GRACE HOSPITAL Respondents (Respondents in Appeal) and THE CHILDREN’S LAWYER Counsel for the children (Appellant) Marian Jacko for the appellant Anne E. Spafford and Andra Maxwell-Baker for the respondent, Dr. Lai Catherine Temple for the respondent, Hotel-Dieu Grace Hospital (improperly styled as the Salvation Army Grace Hospital) Heard: July 4, 2007 On appeal from the two orders of Justice G.B. Morawetz of the Superior Court of Justice dated February 2, 2007. APPEAL BOOK ENDORSEMENT [1] The appeal is quashed. The Children’s Lawyer does not have standing to bring this appeal. While the Children’s Lawyer appeared on the motion below, she did so solely for the purpose of requesting that the motion be adjourned so that the Litigation Guardian could attend. The Children’s Lawyer did not seek to be appointed Litigation Guardian, nor did she seek to intervene as a party. [2] The Litigation Guardian has not appealed the orders made below. Hence, there is no proper appeal before this court. [3] Costs are awarded to each of the respondents fixed in the amount of $2,000 each, inclusive of disbursements and GST.