Court of Appeal for Ontario

Date: 2019-08-19

Docket: M50540 (C66933)

Judges: Paciocco, Harvison Young and Zarnett JJ.A.

Between

Barry Paulin and Wayne Biggar Appellants (Responding Parties)

and

Jack Pinder, Victor Dusik and Innotech Safety Solutions Inc. Respondents (Moving Parties)

Counsel

Douglas J. Spiller, for the appellants

Stephen Barbier, for the respondents

Heard: August 16, 2019

Reasons for Decision

[1] The motion to quash the appeal is granted. We are satisfied that the orders dissolving the interlocutory injunction and dismissing the contempt motion are interlocutory. The proper appeal route is by leave to the Divisional Court. See Hendrickson v. Kallio, [1932] O.R. 675 (C.A.) and The Catalyst Capital Group Inc. v. Moyse, 2015 ONCA 784, 127 O.R. (3d) 625.

[2] Costs to be payable to the moving party in the amount of $7,500 inclusive of all applicable taxes and disbursements.