CITATION: Thompson v. Tallon, 2008 ONCA 43
DATE: 20080123
DOCKET: M35794 (C47860)
COURT OF APPEAL FOR ONTARIO
SHARPE, CRONK and GILLESE JJ.A.
BETWEEN:
BRYAN MICHAEL THOMPSON
Appellant/Responding Party
and
SHEILA TALLON
Respondent/Moving Party
Kevin D. Toyne for the respondent/moving party
André Bluteau for the appellant/respondent (in writing)
Heard: January 21, 2008
APPEAL BOOK ENDORSEMENT
[1] This appeal is from an order fixing the costs of two actions at $12,588 and $5,849 after the appellant filed notices of discontinuance. We agree with the respondent that the appeal must be quashed for want of jurisdiction. The amount in issue falls within the exclusive jurisdiction of the Divisional Court. Moreover, as this is an appeal from a costs order, leave to appeal is required and the appellant has not sought leave to appeal. Motion granted and appeal quashed. Costs to the moving party fixed at $3,000 inclusive of GST and disbursements.