Court of Appeal for Ontario
Citation: Sandu v. Fairmont Hotels Inc., 2015 ONCA 611
Date: 20150911
Docket: M45218 (C59955)
Before: Weiler, van Rensburg and Roberts JJ.A.
Between:
Sevillya Sandu Plaintiff/Appellant (Responding Party)
and
Fairmont Hotels Inc. and Darren Skomorowsky Defendants/Respondents (Moving Parties)
Counsel: David Elmaleh, for the moving parties Andrew J. MacDonald, for the responding party
Heard: September 10, 2015
On a motion to quash a notice of appeal.
APPEAL BOOK ENDORSEMENT
[1] This is a motion to quash a notice of appeal on jurisdictional grounds.
[2] The trial judge dismissed the appellant’s claim for defamation but held that if she had found the claim had merit, “In all the circumstances, I would assess her damages at $25,000.” The moving party submits that, accordingly, s. 19(1.2)(d) of the Courts of Justice Act applies. Section 19(1.2)(d) states that the Divisional Court has jurisdiction where the Superior Court makes an order:
dismissing a claim for an amount that is more than [$50,000] and in respect of which the judge or jury indicates that if the claim had been allowed the amount awarded would have been not more than [$50,000].
[3] The responding party submits that the trial judge’s award would have been for general damages only and that the trial judge did not turn her mind to what the appropriate award would have been for aggravated and punitive damages. He submits that we cannot infer she would have awarded nothing for these heads of damages and that the total of the amounts awarded may have exceeded $50,000.
[4] We disagree. The trial judge assessed damages globally. Her award was for the entire claim. The applicable section is s. 19(1.2)(d) of the Courts of Justice Act. Although the trial judge dismissed the claim for an amount that was more than $50,000, she indicated that if the claim had been allowed the amount awarded would have been $25,000.
[5] The motion to quash is allowed and the appeal is transferred to the Divisional Court. Costs of the motion are to the moving party on a partial indemnity basis fixed in the amount of $2,500, inclusive of disbursements and all applicable taxes.