Court of Appeal for Ontario
Date: 2024-06-12 Docket: M55108 (COA-24-CV-0091)
Before: MacPherson, Paciocco and Wilson JJ.A.
Between:
Adalbert Horvat Plaintiff (Appellant/Responding Party)
And:
Muhammad M. Alam and Alam Law Firm Defendants (Respondents/Moving Parties)
Counsel: Bronwyn M. Martin and Mirel Giugaru, for the respondents/moving parties Douglas LaFramboise, for the appellant/responding party
Heard and released orally: June 10, 2024
Reasons for Decision
1The moving parties/respondents bring this motion seeking an order quashing the appellant’s appeal on jurisdictional grounds.
2In the Superior Court of Justice, the moving parties brought a motion seeking an Order removing Douglas LaFramboise as counsel of record for the plaintiff Adalbert Horvat. Justice Wilkinson granted the Order: Horvat v. Alam, 2024 ONSC 51.
3The plaintiff sought to appeal this Order to this court. The moving parties/respondents take the position that the proper forum is the Divisional Court, with leave.
4The moving parties are correct. It is settled law that an Order for the removal of counsel of record is interlocutory: Apowitzer v. Ontario, [1995] OJ No 3031 (ONCA). An appeal must be taken to the Divisional Court.
5The motion to quash the appeal is granted. The moving parties are entitled to their costs of the motion fixed at $4,000, inclusive of disbursements and HST.
J.C. MacPherson J.A. David M. Paciocco J.A. D.A. Wilson J.A.