Court of Appeal for Ontario
BEFORE: 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)
COUNSEL:
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
1The 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.
2The Litigation Guardian has not appealed the orders made below. Hence, there is no proper appeal before this court.
3Costs are awarded to each of the respondents fixed in the amount of $2,000 each, inclusive of disbursements and GST.