Court of Appeal for Ontario

Citation: Bank of Nova Scotia v. McLennan, 2014 ONCA 331 Date: 20140425 Docket: C58028

Before: Doherty, Cronk and Hourigan JJ.A.

Between:

The Bank of Nova Scotia Plaintiff (Respondent)

and

Alec McLeod McLennan also known as Alex McLeod McLennan and Mary Lynn McLennan also known as Lynn McLennan Defendants (Appellants)

Counsel: Alec McLeod McLennan, appearing in person Douglas Bourassa, for the plaintiff (respondent)

Heard: April 22, 2014

On appeal from the order of Justice John R. Belleghem of the Superior Court of Justice, dated November 14, 2013.

APPEAL BOOK ENDORSEMENT

[1] We agree that this court has no jurisdiction. The order under appeal is an order of the Divisional Court. There is no right of appeal to this court. Leave is necessary. The order is also an interlocutory order. No appeal lies to this court, with or without leave, from an interlocutory order. The appeal is quashed.

Costs of the Appeal

[2] The appellant had clear notice of the jurisdictional problem very early on in this proceeding. The Bank also relies on the contractual terms of the loan in any part of his claim for full indemnity costs. We agree with those submissions. Costs in the amount of $5,800, inclusive of taxes and disbursements.