Court of Appeal for Ontario

Date: 2018-09-11 Docket: C65403

Judges: Rouleau, Pardu and Benotto JJ.A.

Between

Lyudmila Chavdarova (a.k.a. Mila Chavdarova) Appellant/Plaintiff

and

The Staffing Exchange Inc. (a.k.a. TSE Canada Inc.) Respondent/Defendant

Counsel

Lyudmila Chavdarova, self-represented

M. Polvere, for the respondent

Heard

September 10, 2018

On Appeal From

The judgment of Justice Douglas K. Gray of the Superior Court of Justice, dated May 9, 2018.

Appeal Book Endorsement

[1] The order appealed from is for an amount less than $50,000. Such an appeal lies to the Divisional Court pursuant to s. 19(1)(a) of the Courts of Justice Act. It is the amount awarded and not the amount that was claimed that determines jurisdiction: see McGrath v. Woodrow (2001), 52 OR (3d) 732 (C.A.) para. 16. As a result, the appeal is quashed. Costs to the respondent fixed in the amount of $2,500 inclusive of disbursements and applicable taxes.