Court of Appeal for Ontario

Citation: Network Cash Mart Ltd. v. Rosen, 2015 ONCA 11

Date: 20150112

Docket: C57265

Before: Weiler, Sharpe and Blair JJ.A.

Between

Network Cash Mart Ltd.

Plaintiff (Appellant)

and

Ettie Rosen, Fred Goldberg and Forest Hill Real Estate Inc.

Defendants (Respondent)

Counsel:

Vito Auciello, for the appellant

Gail A. Mahadeo and Amanda Gibson, for the respondents Fred Goldberg and Forest Hill Real Estate Inc.

Heard: January 6, 2015

On appeal from the judgment of Justice Victoria R. Chiappetta of the Superior Court of Justice, dated May 17, 2013.

APPEAL BOOK ENDORSEMENT

[1] The appellant’s request for an adjournment is refused. The appeal is quashed for lack of jurisdiction without prejudice to the corporation taking whatever steps it may deem advisable in the proper court.

[2] While both parties submit that we have jurisdiction because of the amount claimed in the Superior Court action, that action was settled together with the small claims court action for a global amount that falls within the jurisdiction of the small claims court and hence any appeal lies to the Divisional Court.

[3] Costs to the respondent fixed in the amount of $2,000 inclusive of the motions and all disbursements and taxes which may be set-off against the amount of the settlement.