Court of Appeal for Ontario

Citation: Baradaran v. Tarion Warranty Corporation, 2015 ONCA 490 Date: 20150629 Docket: C59760

Before: Simmons, Cronk and Blair JJ.A.

Between:

Manoucher Baradaran Appellant (Plaintiff)

and

Tarion Warranty Corporation, Roger Boyd, Abbassgholi Nasseri, Master Custom Homes Inc. Respondents (Defendants)

Counsel: Manoucher Baradaran, in person Sophie Vlahakis, for the respondent Tarion Warranty Corporation Howard Shankman, for the respondents Master Custom Homes Inc. and Abbassgholi Nasseri

Heard and released orally: June 11, 2015 On appeal from the order of Justice F.L. Myers of the Superior Court of Justice, dated November 26, 2014.

Endorsement

[1] The appellant appeals from an order requiring that he pay certain outstanding costs orders by February 1, 2015 failing which the respondents may move in writing without notice to dismiss the action. The order further provides that pending payment of the outstanding costs orders, the action is stayed.

[2] This court has jurisdiction only to hear appeals from final orders, not interlocutory orders. Interlocutory orders are essentially orders that do not determine any substantive matter in the action.

[3] The respondents contend that the order appealed from is interlocutory and that the appeal route is to the Divisional Court with leave. We agree. The order under appeal did not determine any substantive matter in the action. Moreover, it remains open to the appellant to proceed with the action so long as he complies with the terms of the order. Although the action may be dismissed if the appellant fails to comply with the order, that does not change the interlocutory character of the order under appeal. See Inforica Inc. v. CGI Information Systems and Management Consultants Inc., 2009 ONCA 642 and Bilich v. Toronto Police Services Board, 2015 ONCA 149.

[4] The appeal is therefore quashed. Costs to the respondents Master Custom Homes Inc. and Abbassgholi Nasseri, fixed in the amount of $7,294.30, inclusive of disbursements and taxes, and to Tarion Warranty Corporation, fixed in the amount of $2,600, inclusive of disbursements and taxes. Approval by the appellant of the formal order of this court is hereby dispensed with.

“Janet Simmons J.A.” “E.A. Cronk J.A.” “R.A. Blair”