CITATION: Parbattie v. Rooplall, 2017 ONSC 2029
DIVISIONAL COURT FILE NO.: 485/15
DATE: 20170330
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
LEDERMAN, NORDHEIMER and MCCARTHY JJ.
BETWEEN:
Gowri Parbattie Appellant
– and –
Sandra Rooplall Respondent
Gowri Parbattie, in person
Sandra Rooplall, in person
HEARD at Toronto: March 30, 2017
NORDHEIMER J. (Orally)
[1] Ms. Parbattie seeks to set aside the order of Dambrot J. dated September 13, 2016 in which he dismissed Ms. Parbattie’s appeal from a judgment of the Small Claims Court. Ms. Parbattie made a loan of $10,000.00 by way of a cheque payable to Steve Rooplall. The loan was never repaid. The plaintiff obtained a judgment against Steve Rooplall, but claimed at trial that Sandra Rooplall was jointly liable with him. The trial judge rejected that claim as did Dambrot J. in dismissing the appeal.
[2] What Ms. Parbattie now seeks to do, in essence, is to bring a further appeal. She still seeks to overturn the decision of the Small Claims Court or, at least, obtain a new trial.
[3] The problem for Ms. Parbattie is that there is no appeal from a decision of a single judge of the Divisional Court on a matter such as this.
[4] An appeal lies to the Divisional Court from a decision of the Small Claims Court under s. 31 of the Courts of Justice Act, R.S.O. 1990, c. C.43. By virtue of s. 21(2)(b) of the Courts of Justice Act, all appeals from the Small Claims Court are heard by a single judge. The decision of a single judge on an appeal from the Small Claims Court is still a decision of the Divisional Court. Any further appeal lies to the Court of Appeal, with leave, under s. 6(1)(a) of the Courts of Justice Act.
[5] Ms. Parbattie relies on s. 21(5) of the Courts of Justice Act for her further appeal but s. 21(5) does not apply to appeals. It applies to motions, as is clear from the wording of the subsection. Dambrot J. did not hear and decide a motion. He heard and decided an appeal.
[6] Ms. Parbattie’s motion must, therefore be dismissed for lack of jurisdiction.
COSTS – lederman J.
[7] I have endorsed the Moving Party Motion Record as follows: “This appeal/motion is dismissed for lack of jurisdiction for oral reasons delivered by Nordheimer J. In the circumstances, there will be no costs.”
NORDHEIMER J.
I agree
LEDERMAN J.
I agree
MCCARTHY J.
Date of Reasons for Judgment: March 30, 2017
Date of Release: March 31, 2017
CITATION: Parbattie v. Rooplall, 2017 ONSC 2029
DIVISIONAL COURT FILE NO.: 485/15
DATE: 20170330
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
LEDERMAN, NORDHEIMER and MCCARTHY JJ.
BETWEEN:
GOWRI PARBATTIE Appellant
– and –
SANDRA ROOPLALL Respondent
ORAL REASONS FOR JUDGMENT
NORDHEIMER J.
Date of Reasons for Judgment: March 30, 2017
Date of Release: March 31, 2017