Court File and Parties
DIVISIONAL COURT FILE NO.: 133/10
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
J. WILSON, ASTON AND SMITH JJ.
BETWEEN:
REGIS JOGENDRA Appellant (Moving Party)
– and –
KENNETH CAMPBELL Respondent
In Person
Judy Im, for the Respondent
HEARD at Toronto: May 30, 2011
Oral Reasons for Judgment
j. wilson j. (ORALLY)
1The respondent raises a preliminary issue and submits that this panel of the Divisional Court has no jurisdiction to hear this matter.
2We agree.
3Ferrier J. dismissed the appeal of Mr. Jogendra from two final decisions of Deputy Judges of the Small Claims Court. The decisions of Ferrier J. and the appellant’s own documents make is clear that Ferrier J. was hearing two appeals, not any motion.
4Therefore, we conclude that the only available route of appeal from Ferrier J.’s decision is pursuant to s.6(1)(a) of the Courts of Justice Act - that is to the Court of Appeal with leave.
5Section 21(5) of the Courts of Justice Act has no application as Ferrier J. clearly was not hearing a motion.
6We have no inherent jurisdiction to hear this matter and therefore this matter is dismissed without a determination on the merits.
COSTS
7Costs payable by the appellant in the amount of $1,500.00. We order that the approval of the draft order shall be dispensed with.
J. WILSON J.
ASTON J.
SMITH J.
Date of Reasons for Judgment: May 30, 2011
Date of Release: June 8, 2011
CITATION: Jogendra v. Campbell, 2011 ONSC 3324
DIVISIONAL COURT FILE NO.: 133/10
DATE: 20110530
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
J. WILSON, ASTON AND SMITH JJ.
BETWEEN:
REGIS JOGENDRA Appellant (Moving Party)
– and –
KENNETH CAMPBELL Respondent
ORAL REASONS FOR JUDGMENT
J. WILSON J.
Date of Reasons for Judgment: May 30, 2011
Date of Release: June 8, 2011