Court File and Parties
Divisional Court File No.: 233/24 ML
Superior Court of Justice – Ontario
Divisional Court
Re: Maria Makrikostas, Appellant -and- MonsterCapital.ca Inc., Respondent
Before: Myers, Davies and O’Brien JJ.
Counsel: Self-Represented, Appellant James M. Butson, for the Respondent
Heard: In writing.
Endorsement
1Having considered all the materials filed by the Appellant and uploaded to Caselines, we dismiss the motion for leave to appeal the order of Akazaki, J. dated February 29, 2024. In light of this holding, we do not need to rule on the Appellant’s motions to extend time or for a stay/injunction pending appeal.
2We do not order any costs as the Respondent was directed not to deliver any responding materials.
3We are not to be taken to agree with the decision of Akazaki J. that the Superior Court of Justice sitting in a civil matter lacks jurisdiction to hear an urgent motion before a proceeding is commenced. Rule 37.17 of the Rules of Civil Procedure, RRO 1990 Reg 194 provides otherwise. Moreover, the Superior Court of Justice has the inherent jurisdiction to remedy a civil wrong in sufficiently urgent circumstances.
Myers J.
Davies J.
O’Brien J.
Released: May 17, 2024