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The court held that appeal route in a solicitor-client assessment turns on the amount actually ordered payable, not the original bill. The appeal lay to the Divisional Court.
The Court of Appeal for Ontario granted a motion to quash and dismissed a civil appeal, holding the contempt-motion dismissal was interlocutory and beyond its jurisdiction.
The Court of Appeal quashed the appeal for lack of jurisdiction, holding the order under appeal was interlocutory and belonged in the Divisional Court.
The Court of Appeal for Ontario quashed an appeal from an associate judge’s order granting leave to issue a writ of possession, finding it lacked jurisdiction.
The Court of Appeal dismissed an application for review and granted an application to quash the appeal, holding the disqualification ruling was not presently appealable.
The Court lacked jurisdiction to hear the leave application because s.21(5) of the Courts of Justice Act requires challenges to a single judge of the Divisional Court be brought by motion to a Divisional Court panel, and Shore J.'s order was not a final determination on the merits; therefore the leave motion to the Court of Appeal was dismissed as frivolous and an abuse of process.
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The Court of Appeal dismissed an application for lack of jurisdiction, holding there is no appeal to the court from a Supreme Court opinion given on a s. 64 Assessment Act reference.
The court declined to exercise its s.679(7.1) jurisdiction and directed the applicant to attend the Superior Court because the Crown demonstrated a legitimate need to cross-examine the surety that could not be accommodated in this court before the scheduled hearing and the trial court is better placed to conduct the contested bail hearing; the Crown's undertaking not to seek the applicant's immediate arrest mitigated the risk of injustice from surrendering to custody.
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Appeal quashed for want of jurisdiction. The Court of Appeal held the Criminal Code provides no appeal from an order refusing leave under s. 577(b).
The application judge's order was interlocutory because it did not determine any substantive right: the appellant was left free to bring a fresh application and the order merely required notice to the property owner and further evidence; consequently the Court of Appeal lacked jurisdiction and the appeal was quashed with costs awarded to the moving party.
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