Court File and Parties

CITATION: Kadiri v. Harikumar, 2016 ONSC 330

DIVISIONAL COURT FILE NO.: 423/15
DATE: 20160113

ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT

AITKEN, SWINTON AND C. HORKINS JJ.

BETWEEN:

IDRIS KADIRI Plaintiff/Appellant

– and –

DR. USHA HARIKUMAR, MD, FRCSC, ELENA NIKOLSKY, MANAGER BIRTHING UNIT ROUGE VALLEY HEALTH SYSTEM, CENTENARY HEALTH CENTRE Defendants/Respondents

In Person

Meredith E. Jones, for the Defendant/ Respondent, Dr. Usha Harikumar

Jonathan D. Gutman, for the Defendants/ Respondents, Rouge Valley Health System and Elena Nikolsky

HEARD at Toronto: January 13, 2016

Oral Reasons for Judgment

SWINTON J. (ORALLY)

[1] The appellant brings a motion to vary or set aside the order of Kruzick J. dated October 20, 2015, in which he quashed the appellant’s appeal to the Divisional Court for want of jurisdiction.

[2] The appellant seeks to appeal an order of Myers J. dated August 4, 2015, which dismissed his action.

[3] Kruzick J. correctly held that the Divisional Court has no jurisdiction to hear this appeal pursuant to s.19(1) of the Courts of Justice Act, because the amount claimed in damages - $15 million - far exceeds the monetary limit of $50,000 required under s. 19(1.2)(c) when a final order of a Superior Court Judge is appealed to the Divisional Court. This appeal lies to the Court of Appeal.

[4] The appellant argues today that Kruzick J. erred in failing to exercise his discretion to transfer the appeal to the Court of Appeal. This relief was not sought in the Notice of Motion that is before the Court today. In any event, the appellant filed no material before Kruzick J. seeking this relief. Moreover, he was alerted to the jurisdictional problem by responding counsel as early as August, 2015 and he decided to proceed in the Divisional Court in any event.

[5] We see no basis to set aside or vary the order of Kruzick J. Accordingly, the motion is dismissed.

COSTS

[6] I have endorsed the back of the Motion Record, “This motion to vary or set aside is dismissed for oral reasons delivered today by Swinton J. Costs payable by the appellant to the respondent Dr. Harikumar are fixed at $500.00 and to the respondents Rouge Valley Health System and Ms. Nikolsky fixed at $100.00. The appellant’s approval of the draft order is dispensed with.”

SWINTON J.

AITKEN J.

C. HORKINS J.

Date of Reasons for Judgment: January 13, 2016

Date of Release: January 15, 2016

CITATION: Kadiri v. Harikumar, 2016 ONSC 330

DIVISIONAL COURT FILE NO.: 423/15
DATE: 20160113

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

AITKEN, SWINTON AND C. HORKINS JJ.

BETWEEN:

IDRIS KADIRI Plaintiff/Appellant

– and –

DR. USHA HARIKUMAR, MD, FRCSC, ELENA NIKOLSKY, MANAGER BIRTHING UNIT ROUGE VALLEY HEALTH SYSTEM, CENTENARY HEALTH CENTRE Defendants/Respondents

ORAL REASONS FOR JUDGMENT

SWINTON J.

Date of Reasons for Judgment: January 13, 2016

Date of Release: January 15, 2016