Court of Appeal for Ontario

CITATION: Zeppieri & Associates v. Cascio, 2014 ONCA 915

DATE: 20141219

DOCKET: C59039

Hoy A.C.J.O., Simmons and Tulloch JJ.A.

BETWEEN

Zeppieri & Associates

Respondent

and

Michele Cascio

Appellant

Allison Pyper and Jean-Alexandre De Bousquet, for the appellant

Gregory Gryguc, for the respondent

Heard and released orally: December 15, 2014

On appeal from the order of Justice David L. Corbett of the Superior Court of Justice, dated June 10, 2014.

ENDORSEMENT

[1] The appellant Michele Cascio appeals the June 10, 2014 order of the motion judge dismissing the appellant’s motion for an order setting aside the Consent Certificate of Assessment dated June 7, 2013, declaring the associated Minutes of Settlement void and directing an assessment of costs.

[2] In the Consent Certificate of Assessment, the assessment officer certified that the appellant owed his former counsel – the respondent, Zeppieri & Associates – $7,500.

[3] The respondent argues, and the appellant now concedes, that the motion judge’s decision which dismisses the appellant’s challenge to a Certificate and Minutes of Settlement providing for the payment of $7,500 to the respondent is a final order of a judge of the Superior Court of Justice “for a single payment of not more than $50,000, exclusive of costs”. Accordingly pursuant to s. 19(1.2)(a) of the Courts of Justice Act, the appellant’s appeal lies to the Divisional Court and not this court.

[4] This appeal is accordingly quashed.

[5] If so advised, the appellant shall be at liberty to appeal to the Divisional Court. The respondent shall be entitled to costs in the amount of $1,500 inclusive of HST and disbursements.

“Alexandra Hoy A.C.J.O.”

“Janet Simmons J.A.”

“M. Tulloch J.A.”