Court of Appeal for Ontario

Citation: Chijindu v. Prudential Property Management Inc., 2015 ONCA 134

Date: 20150226

Docket: C59352

Before: Cronk, Pepall and Benotto JJ.A.

Between

Christian Chijindu and Nkiruka Ochei

Applicants (Appellants)

and

Prudential Property Management Inc.

Respondent

(Respondent in Appeal)

Counsel:

Christian C. Chijindu, for the appellants

David Boghosian and Shaneka Taylor, for the respondent

Heard and released orally: February 20, 2015

On appeal from the judgment of Justice Carole Brown of the Superior Court of Justice, dated August 19, 2014.

ENDORSEMENT

[1] The appellants appeal from the August 19, 2014 judgment of C. Brown J. of the Superior Court of Justice in which she dismissed their application for a refund of $13,000 paid on account of a lender administrative fee and interest.

[2] The respondent submits that this court does not have jurisdiction to entertain this appeal.

[3] We agree.

[4] Under s. 19(1.2)(c) of the Courts of Justice Act, R.S.O. 1990, c. C.43, an appeal lies to the Divisional Court where the final order under appeal dismisses a claim for payment of an amount that is less than $50,000, exclusive of costs.

[5] The notice of application sought various declarations. However, in substance, the appellants’ claim was for the refund of $13,000 representing a lender administration fee and interest of $2,072.30. As such, the claim that is the subject matter of the order under appeal amounts to less than $50,000. The Divisional Court has jurisdiction and this court does not.

[6] The meaning of “claim” does not have the limited ambit advanced by the appellants. The definition of “action” found in s.1 of the Courts of Justice Act is of no assistance to the appellants. Neither is s.6 (2) of that Act, which has limited application. See Albert v. Spiegel (1993), 17 CPC (3d) 90 (Ont. C.A.).

[7] The appeal is therefore quashed for lack of jurisdiction. The respondent is entitled to costs thrown away fixed in the amount of $4,000, inclusive of disbursements and GST.

“E.A. Cronk J.A.”

“S.E. Pepall J.A.”

“M.L. Benotto J.A.”