Court of Appeal for Ontario

Date: 2025-10-22 Docket: M56204 (COA-25-CV-0676)

Judges: Paciocco, Zarnett and Favreau JJ.A.

Between

Louis Kakoutis and Effie Kakoutis Plaintiffs/Defendants by Counterclaim (Appellants/Responding Parties)

and

The Bank of Nova Scotia Defendant/Plaintiff by Counterclaim (Respondent/Moving Party)

Counsel

Kelly Hou, for the moving party

Louis Kakoutis, acting in person

Heard: October 16, 2025

Reasons for Decision

[1] The appellants seek to appeal an order made by Associate Judge McAfee granting leave to the respondent to issue a writ of possession.

[2] The respondent brings a motion to quash the appeal on the basis that this court does not have jurisdiction to hear the appeal.

[3] Contrary to the appellants' submissions, there is no prohibition on the respondent bringing this motion as a preliminary motion and it is properly before the court. Section 134(3) of the Courts of Justice Act, R.S.O. 1990, c. C. 43, explicitly contemplates that the court has the power to quash an appeal on a motion. There is no requirement that a motion to quash be brought after the respondent has filed materials in response to the appeal. Such a requirement would unfairly increase the costs of litigation in circumstances where there is a valid basis for quashing an appeal. For the same reason, s. 7.2.5 of this court's practice direction concerning civil appeals provides that a motion to quash will be heard "at an early date" if its basis is that the court lacks jurisdiction to hear the appeal.

[4] We agree with the respondent that this court does not have jurisdiction to hear an appeal from the Associate Judge's order. An appeal from a final order of an associate judge is to be brought to the Divisional Court: Courts of Justice Act, s. 19(1)(c). An appeal from an interlocutory order of an associate judge is to be brought to a single judge of the Superior Court: Courts of Justice Act, s. 17(a). Accordingly, this court does not have jurisdiction over this appeal.

[5] The appellants did not request that the appeal be transferred to the Divisional Court or the Superior Court, and we make no such order.

[6] The appeal is quashed.

[7] We award costs to the respondent in the amount requested of $7,923.84.

"David M. Paciocco J.A."

"B. Zarnett J.A."

"L. Favreau J.A."