Citation: Todd Family Holdings v. Robins Appleby LLP, 2019 ONSC 3783
DIVISIONAL COURT FILE NO.: DC 19-1147-00 DATE: 20190619
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
Glithero, D.L. Corbett, Favreau JJ.
BETWEEN:
Todd Family Holdings Appellant
– and –
Robins Appleby LLP Respondent
Gary Sugar, for the Appellant Ellad Gersh and Joey Jamil, for the Respondent
HEARD at Oshawa: June 17, 2019
Oral Reasons for Judgment
Corbett J (Orally)
[1] A charging order, or a refusal to grant a charging order, is a final order under the Solicitors Act, R.S.O. 1990, c. S.15. Appeal of such an order lies to the Court of Appeal: see Courts of Justice Act, R.S.O. 1990, c. C.43, s. 6(1)(b); Aird & Berlis LLP v. Levy (2005), 2005 7885 (ON CA), 75 O.R. (3d) 44 (C.A.); Great Northern v. King Road, 2019 ONSC 3671, at para. 5. (Div. Court)
[2] The appellant argues that the impugned order falls within the monetary jurisdiction of the Divisional Court because the only amounts currently recoverable under the contingency agreement are less than $50,000. This argument cannot succeed. The appellant seeks a charging order over any fees and disbursements to which he may become entitled. This is a sum uncertain, but certainly a sum the appellant and his client hope will be more than $50,000.
[3] It is the appellant’s onus to establish that the monetary value of the impugned order is under $50,000. This he cannot do. The garnishments are for more than $200,000: Jurisdiction is in the Court of Appeal.
[4] We exercise our discretion to transfer this appeal to the Court of Appeal pursuant to subsection 110(1) of the Courts of Justice Act. Costs of this appeal in the Divisional Court are in the discretion of the Court of Appeal.
___________________________ D.L. Corbett J.
I agree
Glithero J.
I agree
Favreau J.
Date of Reasons for Judgment: June 17, 2019
Date of Release: June 19, 2019
CITATION: Todd Family Holdings v. Robins Appleby LLP, 2019 ONSC 3783
DIVISIONAL COURT FILE NO.: DC 19-1147-00 DATE: 20190619
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
Glithero, D.L. Corbett, Favreau JJ.
BETWEEN:
Todd Family Holdings Appellant
– and –
Robins Appleby LLP Respondent
ORAL REASONS FOR JUDGMENT
D.L. Corbett J
Date of Reasons for Judgment: June 17, 2019
Date of Release: June 19, 2019