CITATION: Kulidjian v. Gareene Homes Inc., 2010 ONSC 1138
DIVISIONAL COURT FILE NO.: 56/09
DATE: 20100218
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
GREER, LEDERMAN AND SACHS JJ.
BETWEEN:
KULIDJIAN & ASSOCIATES
Appellant
– and –
GAREENE HOMES INC.
Respondent
Gleb Bazov, for the Appellant
James C. Morton, for the Respondent
HEARD at Toronto: February 18, 2010
GREER J. (orally)
[1] The appellant appears before us on an appeal from the Order of Kelly J. dated February 9, 2009, dismissing the appellant’s motion to quash and/or set aside an Assessment Order of the Registrar dated November 10, 2005 and the report of the Assessment Officer Maitland-Carter, dated February 27, 2008.
[2] The parties appear before us today on this matter although an adjournment had been requested by way of fax.
[3] The respondent submits that the Order of Kelly J. is a final order and that it does not fall within our jurisdiction under s.19(1.1) or (1.2) of the Courts of Justice Act.
[4] We are inclined to agree with the respondent that this is a final Order in that it is disposing of a substantive right, and in so doing we rely on a case which counsel referred to us of Charlebois et al. v. Les Entreprises Normand Ravary Limitée et al. (2006), 79 O.R. (3d) 504, and in particular the statement of the Court of Appeal at paragraph 12.
[5] We are exercising our discretion under s.110 of the Courts of Justice Act to transfer the matter to the Court of Appeal. In doing so, we note that the matter involves the interpretation of two fairly recent Court of Appeal cases which are Guillemette v. Doucette, 2007 ONCA 743 and Tripkovic v. Glober (2003), 172 O.A.C. 116, 227 D.L.R. (4th) 718 (Ont. C.A.), rev’g 16 C.P.C. (5th) 163 (O.S.C.J.).
COSTS
[6] This appeal is transferred to the Court of Appeal for the reasons as set out in the oral reasons delivered by the Court. Costs of the respondent are fixed at $2,000.00 inclusive of GST and disbursements, payable within 30 days. Order to go accordingly.
GREER J.
LEDERMAN J.
SACHS J.
Date of Reasons for Judgment: February 18, 2010
Date of Release: February 26, 2010
CITATION: Kulidjian v. Gareene Homes Inc., 2010 ONSC 1138
DIVISIONAL COURT FILE NO.: 56/09
DATE: 20100218
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
GREER, LEDERMAN AND SACHS JJ.
BETWEEN:
KULIDJIAN & ASSOCIATES
Appellant
– and –
GAREENE HOMES INC.
Respondent
ORAL REASONS FOR JUDGMENT
GREER J.
Date of Reasons for Judgment: February 18, 2010
Date of Release: February 26, 2010