Court of Appeal for Ontario
Citation: Lin v. ICBC Vancouver Head Office, 2016 ONCA 788
Date: 2016-10-26
Docket: M46645
Before: Simmons, LaForme and Pardu JJ.A.
Between:
Katherine Lin
Appellant/Plaintiff/Moving Party
and
ICBC Vancouver Head Office
Employment Standards Branch Lower Mainland Region, BC
Ombudsman BC
Human Right BC
Amazing Grace Christian Fellowship
Xiaoan Zhou
Guang Rong and Li Hai
Grace Point Church
Pro Bono Law Ontario
Employment Insurance Commission
Liu Lun
Defendants/Respondents
Counsel:
Katherine Lin, in person
Stewart Phillips, for the respondent the Attorney General of Canada [improperly named as the Employment Insurance Commission]
Heard: in writing
ENDORSEMENT
[1] Ms. Lin moves for leave to appeal an order of the Divisional Court. The leave motion has been referred to this panel under rule 2.1 of the Rules of Civil Procedure, O. Reg. 194.
[2] Ms. Lin’s action was dismissed under rule 2.1 by order of a Superior Court judge dated April 4, 2016. Ms. Lin appealed to the Divisional Court. By order dated June 20, 2016, the Divisional Court dismissed her appeal under rule 2.1 because the amount claimed in the statement of claim exceeded $50,000 and the appeal, therefore, did not fall within the jurisdiction of the Divisional Court: s. 19(1.2) of the Courts of Justice Act, R.S.O. 1990, c. C.43.
[3] We agree that the Divisional Court had no jurisdiction to entertain Ms. Lin’s appeal for the reason it stated. The motion for leave to appeal is therefore devoid of merit and is accordingly dismissed under rule 2.1.
“Janet Simmons J.A.”
“H.S. LaForme J.A.”
“G. Pardu J.A.”