Court File and Parties

CITATION: Lin v. Fleury, 2017 ONSC 3601

DIVISIONAL COURT FILE NO.: 301/17

DATE: 20170609

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: KATHERINE LIN v. ERIC FLEURY and GLORIA ANN

BEFORE: NORDHEIMER J.

HEARD at Toronto: written submissions

ENDORSEMENT

[1] On May 30, 2017, Hood J. issued an order under r. 2.1.01(1) dismissing Ms. Lin’s claim. On June 6, 2017, Ms. Lin filed a Notice of Appeal in this court. On June 8, 2017, counsel for the defendants wrote to request that this court dismiss the appeal also under r. 2.1.01(1).

[2] Given the contents of the statement of claim and the Notice of Appeal, I would have ordinarily directed the Registrar to give notice to Ms. Lin that the court was considering dismissing the appeal under r. 2.1.01(1). However, I do not consider that to be necessary in this case because it is clear on the face of the record that this court has no jurisdiction to entertain Ms. Lin’s appeal.

[3] The claim advanced by Ms. Lin was for damages for $50,000 against one defendant and $300,000 against the other. This court only has jurisdiction to hear appeals where the amount involved in the appeal is $50,000 or less: Courts of Justice Act, R.S.O. 1990, c. C.43, s. 19(1.2). Therefore there is no jurisdiction in this court to consider this appeal. Ms. Lin’s right of appeal from the order of Hood J. lies to the Court of Appeal.

[4] Consequently, I make an order quashing Ms. Lin’s appeal.

NORDHEIMER J.

DATE: June 9, 2017