Christopher Andrew Chekan

The respondent challenged the Court of Appeal's jurisdiction to hear the appeal, arguing that the order was interlocutory and therefore required leave to appeal to the Divisional Court.

The appellant contended that the Court of Appeal had jurisdiction because the parties had reached a settlement agreement that the motion judge lacked authority to decline to enforce, making it a final decision.

The Court of Appeal found the cases relied upon by the appellant distinguishable and determined that the order was interlocutory as it did not finally dispose of the action or finally determine any claim, defence, or substantive right.

The appeal was quashed for lack of jurisdiction.

The appellant Dana Canada Inc. Filter Division appealed an order of the Superior Court of Justice quashing four subpoenas directed to witnesses.

The motion judge had found it extremely unlikely that the witnesses would provide evidence demonstrating significant prejudice to the appellant's case.

The Court of Appeal determined that the order quashing the subpoenas was interlocutory rather than final, and therefore the proper route of appeal was through the Divisional Court with leave under the Courts of Justice Act.

The appeal was quashed and costs were fixed at $7,500 all inclusive payable to the respondents.

Following a successful summary judgment for wrongful dismissal, the court determined costs and entitlement to prejudgment interest.

The plaintiff had obtained judgment substantially exceeding a prior settlement offer, engaging Rule 49 cost consequences.

The defendant argued the plaintiff should receive no costs due to procedural deficiencies and contested the rate and entitlement to prejudgment interest after filing a notice of appeal.

The court rejected these arguments, finding the defence conduct unreasonable and confirming that the trial court retained jurisdiction to address prejudgment interest prior to formal entry of judgment.

Costs of $21,000 were awarded and prejudgment interest ordered from the date the cause of action arose.