Court of Appeal for Ontario

Date: 2019-12-03

Docket: M50742 & M50918 (C66150) M50743 & M50916 (C66149)

Judges: Simmons, Pardu and Nordheimer JJ.A.

First Matter

Docket: M50742 & M50918 (C66150)

Between

The Floor Show Ltd. Plaintiff (Respondent/Moving Party)

and

Man-Shield (NWO) Construction Inc. Defendant (Appellant/Responding Party)

and

2363267 Ontario Inc. and Allure Condominiums LP Third Parties

Second Matter

Docket: M50743 & M50916 (C66149)

And Between

The Floor Show Ltd. Plaintiff (Respondent/Moving Party)

and

Man-Shield (NWO) Construction Inc. Defendant (Appellant/Responding Party)

and

2353268 Ontario Inc. and Aurora Condominiums LP Third Parties

Counsel

Melanie Mayhew-Hammond, for the moving party (M50918 & M50916) and the responding party (M50742 & M50743)

Amanda Verhaeghe, for the moving party (M50742 & M50743) and the responding party (M50918 & M50916)

Heard: November 4, 2019

Background

On appeal from the judgment of Justice F. Bruce Fitzpatrick of the Superior Court of Justice, dated October 12, 2018, with reasons reported at 2018 ONSC 6077, and from the costs order, dated November 22, 2018.

Appeal Book Endorsement

[1] All parties now agree the motion judge's refusal to grant a stay of the partial summary judgment he granted is an interlocutory order such that any appeal lies to the Divisional Court with leave. We agree.

[2] In our view, rather than transferring these appeals, the matter should more properly proceed by way of leave application to the Divisional Court. The appeals are quashed.

[3] The request for transfer is denied. Costs of all motions and both appeals to The Floor Show Ltd. on a partial indemnity scale fixed in the amount of $7,500 inclusive of disbursements and applicable taxes.