Court File and Parties
CITATION: Jerry v. Black, 2021 ONSC 2000
DIVISIONAL COURT FILE NO.: 660/20
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: maxwell michael jerry, michael jerry and terry jerry, Plaintiffs/Responding Parties
AND:
kevin J. Black and Barbara parr, Defendants/ Moving Parties
BEFORE: Molloy, Sachs and Bloom JJ.
COUNSEL: D. Lynn Turnbull, for the Defendants/Moving Parties
Kevin Kemp, for the Plaintiffs/Responding Parties
HEARD at Toronto: In writing
Endorsement
1This motion for leave to appeal the order of Cameron J. dated December 7, 2020 is allowed on the following issues only: Does the Superior Court have jurisdiction to order that a party pay the costs of an independent medical examination that they failed to attend in the absence of a court order for the examination? If the Superior Court does have jurisdiction should such an order be made in this case?
2Costs of the leave motion are fixed in the amount of $5000.00, all inclusive. Entitlement to those costs is reserved to the panel hearing the appeal.
Molloy J.
I agree _______________________________
Sachs J.
I agree _______________________________
Bloom J.
Date: March 18, 2021