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
[1]
Background
The 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.
[4]
Analysis
The 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.
[5]
Disposition and Costs
The 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.