COURT OF APPEAL FOR ONTARIO

CITATION: Barbour v. Bailey, 2015 ONCA 84

DATE: 20150204

DOCKET: C58076

Rouleau, van Rensburg and Pardu JJ.A.

In the matter of an appeal under Section 27 of the Land Titles Act, R.S.O. 1990 c. L.5, as amended (the “LTA”) from the judgment pronounced in connection with an appeal/trial de novo held under Section 26 of the LTA and in the matter of an appeal from a Rule 14 Application

BETWEEN

Gerald Harry Barbour

Appellant

(Objector/Respondent)

and

Angelina Bailey

Respondent

(Possessory Claimant/Applicant)

DOCKET: M43985 (C58076)

BETWEEN

Angelina Bailey

Possessory Claimant/Applicant

(Respondent on Appeal)

and

Gerald Harry Barbour

Objector/Respondent

and

Jeffrey E. Streisfield

Respondent on Motion

(Appellant)

Sean Dewart, for Jeffrey Streisfield

Jeffrey Streisfield, for Gerald Harry Barbour

Robert J. Fenn and Izaak de Rijcke, for Angelina Bailey

Heard: February 3, 2015

On appeal from the judgment of Justice Susan E. Healey of the Superior Court of Justice, dated November 29, 2013.

APPEAL BOOK ENDORSEMENT

[1] The judgment sought to be appealed disposes only of claims made under the Land Titles Act. Pursuant to s. 27 of that Act, any further appeal is to the Divisional Court. As a result, this court does not have jurisdiction to hear the appeal.

[2] As to the costs orders made in the proceedings below, we are of the view that where the statute, as here, provides that the appeal is to the Divisional Court, the costs orders related to that matter are properly dealt with by that court, and it is that court that has jurisdiction.

[3] The parties request that this court transfer the appeal and motion for leave to appeal costs to the Divisional Court, pursuant to s. 110 of the Courts of Justice Act. Given the age of the parties, there is some urgency to dispose of the appeal and motion. We agree. The matters are to be transferred to the Divisional Court with a request that they be expedited and, if it will result in earlier dates, the matters be heard in Toronto. Costs of today are reserved to the Divisional Court.