Court of Appeal for Ontario

Citation: Quenneville v. Volkswagen Group Canada, Inc, 2016 ONCA 503
Date: 2016-06-23
Docket: M46458 (C61726)

Before: Rouleau, van Rensburg and Benotto JJ.A.

Between:

Matthew Robert Quenneville, Luciano Tauro, Michael Joseph Pare, Therese H. Gadoury, Amy Fitzgerald, Renee James, Al-Noor Wissanji, Jack Mastromattei and Jay MacDonald
Plaintiffs/Moving Parties (Respondents in Appeal/Moving Parties)

and

Volkswagen Group Canada, Inc., Volkswagen Aktiengesellschaft, Volkswagen Group of America, Inc., Audi Canada Inc., Audi Aktiengesellschaft, Audi of America Inc, and VW Credit of Canada
Defendants

Merchant Law Group LLP
Responding Party (Appellant/ Responding Party)

Counsel:
David F. O’Connor and J. Adam Dewar, for the moving parties
Anthony Tibbs, for the responding party

Heard: June 22, 2016

Appeal Book Endorsement

[1] The moving parties seek to quash the appeal. The responding party argues that the appeal should proceed. The responding party submits that it is appealing on the basis that the order below was not, as appears on the face of the order, an order made on consent. In fact, the responding party maintains that there was no jurisdiction in the court to make such an order. The responding party also appeals the costs component of the order.

[2] In our view, the appeal ought to be quashed. The communication contemplated by the order below has already been sent out. As a result, the order is spent and the appeal is moot. This is not an exceptional case where it is in the interest of justice to nonetheless allow the appeal to proceed. Finally, as no leave to appeal from the costs has been sought, that part of the appeal also ought to be quashed.

[3] In the result, the motion is granted and the appeal is quashed. Costs to the moving parties fixed at $9,000, inclusive of disbursements and applicable taxes.