COURT OF APPEAL FOR ONTARIO

CITATION: Cavanaugh v. Grenville Christian College, 2013 ONCA 1

DATE: 20130103

DOCKET: C55627

O’Connor A.C.J.O., Doherty and Blair JJ.A.

BETWEEN

Lisa Cavanaugh, Andrew Hale-Byrne, Richard Van Dusen, Margaret Granger and Tim Blacklock

Plaintiffs (Appellants)

and

Grenville Christian College, the Incorporated Synod of the Diocese of Ontario, Charles Farnsworth, Betty Farnsworth, Judy Hay the Executrix for the Estate of J. Alastair Haig and Mary Haig

Defendants (Respondents in Appeal)

Counsel:

Kirk Baert, Russell M. Raikes, Sean O’Donnell, Michael Saelhof and Loretta Merritt, appearing for the plaintiffs (appellants)

Steven Stieber and Linda Phillip Smith, appearing for the defendants (respondents) the Diocese

Geoffrey D. E. Adair, Q.C. and Alexa Sulzenko

Heard and released orally: December 20, 2012

On appeal from the order of Justice Perell of the Superior Court of Justice, dated May 23, 2012.

ENDORSEMENT

[1] Even if this court has jurisdiction to hear the appeal against the dismissal of the action against the Diocese, we decline to exercise our discretion under s. 6(2) of the Courts of Justice Act to hear the appeal of the motion judge’s refusal to certify the action against the College, Farnsworth and the Estate of Haig and, if necessary, any issues other than the cause of action issue in the appeal in relation to the Diocese. We will deliver reasons at a later date for this decision.

[2] We direct that the appeal involving the College, Farnsworth and the Estate of Haig be transferred to the Divisional Court.

“D. O’Connor A.C.J.O.”

“Doherty J.A.”

“R.A. Blair J.A.”