Court of Appeal for Ontario

CITATION: Cass v. Lai, 2007 ONCA 507

DATE: 20070705

DOCKET: C46787

BEFORE: O’CONNOR A.C.J.O., MOLDAVER and ROULEAU JJ.A.

BETWEEN:

AMANDA CASS, a minor by her Litigation Guardian SHERRIE GARDINER, and the said SHERRI GARDINER

Plaintiffs (Respondent in Appeal)

and

DR. WENG K. LAI and THE SALVATION ARMY GRACE HOSPITAL

Respondents (Respondents in Appeal)

and

THE CHILDREN’S LAWYER Counsel for the children (Appellant)

COUNSEL:

Marian Jacko for the appellant

Anne E. Spafford and Andra Maxwell-Baker for the respondent, Dr. Lai

Catherine Temple for the respondent, Hotel-Dieu Grace Hospital (improperly styled as the Salvation Army Grace Hospital)

HEARD: July 4, 2007

On appeal from the two orders of Justice G.B. Morawetz of the Superior Court of Justice dated February 2, 2007.

APPEAL BOOK ENDORSEMENT

[1] The appeal is quashed. The Children’s Lawyer does not have standing to bring this appeal. While the Children’s Lawyer appeared on the motion below, she did so solely for the purpose of requesting that the motion be adjourned so that the Litigation Guardian could attend. The Children’s Lawyer did not seek to be appointed Litigation Guardian, nor did she seek to intervene as a party.

[2] The Litigation Guardian has not appealed the orders made below. Hence, there is no proper appeal before this court.

[3] Costs are awarded to each of the respondents fixed in the amount of $2,000 each, inclusive of disbursements and GST.