Court of Appeal for Ontario

Date: 2017-03-30 Docket: C63041

Judges: Juriansz, Lauwers and Hourigan JJ.A.

Between

Kelly McClintock Applicant (Appellant)

and

Joshua Karam Respondent (Respondent)

Counsel

Brahm D. Siegel, for the appellants

Michael J. Stangarone and Stephanie Timerman, for the respondent

Heard and released orally: March 30, 2017

On appeal from: the judgment of Justice Michael R. Gibson of the Superior Court of Justice, dated November 9, 2016.

Endorsement

[1] We are of the view that the order of Gibson J. was interlocutory in nature. On its face, its temporary nature is indicated. The general principle is that an order granting a stay is final, but an order refusing one is interlocutory.

[2] We are not persuaded that this case comes within the exception in Hopkins v. Kay, 2015 ONCA 112. In that case, the refusal of the stay had the effect of precluding the defendant from disputing the court's jurisdiction. The refusal of the stay finally determined the court's jurisdiction. That is not the situation here.

[3] The appeal is quashed.

[4] Costs of the appeal are fixed at $10,000, inclusive of HST and disbursements.

"R.G. Juriansz J.A."

"P. Lauwers J.A."

"C.W. Hourigan J.A."