Court of Appeal for Ontario

Date: 2019-09-25

Docket: M50521 (C66226)

Panel: Doherty, Harvison Young and Thorburn JJ.A.

Parties

First Action

Between

Elia Broutzas and Meagan Ware

Plaintiffs

and

Rouge Valley Health System, C.S.T. Consultants Inc., Knowledge First Financial Inc., Global Resp Corporation, Nellie Acar, Shaida Bandali, Esther Cruz, Gavriel Edry, Polina Edry, Munish Sethi and Subramaniam Sulur, Jane Doe "A", Jane Doe "B", John Doe Registered Education Savings Plan Corporation and Jane Doe "C"

Defendants

Second Action

Between

Anne Kouvas

Plaintiff

and

Scarborough and Rouge Hospital, Global Resp Corporation, Esther Cruz and Nellie Acar

Defendants

Counsel

Michael A. Crystal and Norman Mizobuchi, for the plaintiffs, Elia Broutzas and Anne Kouvas

Evan Kopiak, for the defendants, C.S.T. Consultants Inc.

Nicole Henderson, for the defendants, Knowledge First Financial Inc.

Daniel Girlando, for the defendants, Scarborough Health Network

Heard: September 20, 2019

Appeal Book Endorsement

[1] The order is clear and unequivocal. The motion judge dismissed the certification motion. He made no order dismissing any of the claims before him. Under s. 30 of the Class Proceedings Act, an appeal from an order refusing to certify a proceeding lies to the Divisional Court. The appeal to this court is quashed without prejudice to the appellant proceeding with the appeal in the Divisional Court.

[2] Costs to the respondents in the amount of $2,500 each, including disbursements and all relevant taxes.