Kulidjian & Associates v. Gareene Homes Inc., 2010 ONSC 1138

Introduction

1The 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.

2The parties appear before us today on this matter although an adjournment had been requested by way of fax.

Jurisdiction

3The 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.

4We 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.

Disposition

5We 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

Costs

6This 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.