Court File and Parties
DIVISIONAL COURT FILE NO.: 226/24 226/24
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE:
Gianni Evangelisti and Freedom Pools Inc, Applicants
-and-
Canadian Broadcasting Corporation (CBC), Viktorija Jocebicia, Rimas Jocebicia, Ayelet Kushnirsky, Michael Kurshnirsky, John Carusone, Paul Polyviout, Teresa Polyviout, Gary Jones and Brian Jewell, Respondents
BEFORE: FL Myers J
COUNSEL: Gianni Evangelisti, representing himself
Ryder Gilliland and Michael Robson, for the Respondents
HEARD: April 19, 2024
Endorsement
1This urgent case conference was held to schedule the applicants’ motion for leave to appeal from the decision of Centa J. dated April 8, 2024, reported at 2024 ONSC 2048.
2In his decision, Centa J. refused to enjoin CBC from broadcasting a report concerning the applicants’ business.
3CBC has now broadcast its report. It remains available on the internet and social media.
4The applicants seek to appeal Justice Centa’s decision. They also seek an order requiring CBC to take down its report and prohibiting it from repeating its broadcast pending the outcome of the appeal.
5The purpose of the case conference was to schedule the motion for leave to appeal and either: (a) to decide the request for an interim injunction pending the leave to appeal decision; or (b) to schedule a motion for an interim injunction on such interim terms as may have been appropriate (if any).
6During the case conference, Mr. Gilliland pointed out that in paragraph 4 of his decision, Centa J. did not just refuse to grant an interlocutory (i.e. temporary) injunction. Rather, he dismissed the applicant’s entire application.
7Because the order under appeal ended Mr. Evangelisti’s whole lawsuit, it is a “final order of a judge of the Superior Court of Justice”. Under s. 6 (1)(b) of the Courts of Justice Act, RSO 1990, c C.43, an appeal from a final order lies to the Court of Appeal for Ontario. The Divisional Court has no jurisdiction to hear this proposed appeal or any motion for relief pending an appeal.
8Accordingly, the motion for leave to appeal is dismissed without costs. The applicants may proceed in the Court of Appeal if so advised.
FL Myers J
Date: April 19, 2024