Court File and Parties
DIVISIONAL COURT FILE NO.: 519/24
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: Joe Alessandro, Appellant
AND:
Joseph Gavin Briggs, Respondent
BEFORE: Davies J.
COUNSEL: Self-represented, Appellant
Tom Macintosh Zheng and Yun Ji (Julia) Chung, for the Respondent
HEARD at Toronto (by video conference): October 2, 2024
ENDORSEMENT
1The Divisional Court only has jurisdiction to hear appeals from a final order of a judge of the Superior Court of Justice if the order is for single payment of not more than $50,000 (exclusive of costs): Courts of Justice Act, ss. 19(1) and 19(1.2). Appeals from final orders for the payment of more than $50,000 must go to the Court of Appeal.
2On August 21, 2024, Justice Parghi granted default judgment against Mr. Alessandro in favour of Mr. Briggs. Justice Parghi ordered Mr. Alessandro to pay $20,285 in compensatory damages and $25,000 in punitive damages plus 1.3% pre-judgment interest from January 28, 2015.
3The Court of Appeal has ruled that pre-judgment interest is included in the total for the purpose of determining the jurisdiction of the Divisional Court: Medis Health and Pharmaceutical Services v. Belrose, 1994 413 (ON CA).
4Based on the calculations provided in the Respondent’s case conference brief, I am satisfied that Justice Parghi has ordered Mr. Alessandro to make a single payment to Mr. Briggs of $50,918.83 once the pre-judgment interest is calculated.
5The Divisional Court does not have jurisdiction to hear Mr. Alessandro’s appeal. His appeal is, therefore, dismissed. I make these directions without prejudice to Mr. Alessandro’s ability to pursue his appeal in the proper forum.
6The Respondent did not seek costs and no costs order is made.
Davies J.
Released: October 2, 2024