Court of Appeal for Ontario

Date: March 20, 2017 Docket: M47417 (C62928)

Judges: Epstein, Benotto and Trotter JJ.A.

Between

Paul Kent Appellant (Responding Party)

and

Chin and Orr Lawyers and Alousis Law Professional Corporation Respondents (Moving Parties)

Counsel

Sabrina Lucenti, for the moving party, Chin and Orr Lawyers

Alexander Melfi, for the moving party, Alousis Law Professional Corporation

Paul Kent, acting in person

Heard and released orally: March 16, 2017

On a motion to quash the appeal from the judgment of Justice Susan E. Healey of the Superior Court of Justice, dated October 18, 2016.

Endorsement

[1] The respondents move to quash this appeal for want of jurisdiction.

[2] In this action, the appellant claims damages in connection with his purchase of property. Originally, the appellant's claim was advanced in two actions – one against each respondent. The actions were then consolidated. The appellant brought a motion for default judgment against the respondents on the basis of their failure to deliver amended statements of defence in the consolidated action.

[3] The motion judge dismissed the motion for default judgment for reasons including that the appellant had failed to require the Registrar to note the respondents in default (r.19.01).

[4] The respondents take the position that the order appealed from is interlocutory.

[5] We agree. The order under appeal does not finally determine any issue in this proceeding. It is therefore interlocutory. Jurisdiction lies with the Divisional Court. Hendrickson v. Kallio, [1932] O.J. No. 380 (C.A.).

[6] The appeal is quashed without prejudice to the appellant's right to apply to the Divisional Court for leave to appeal.

[7] We order costs in the amount of $1,500 to each of the two moving parties, all inclusive.

[8] Approval of this order as to form and content is dispensed with.

"Gloria Epstein J.A."

"M.L. Benotto J.A."

"G.T. Trotter J.A."