Court Information

Court of Appeal for Ontario Date: 2021-04-22 Docket: M52322 (C68270)

Between: Jay-Pee Drycleaners Inc. (Lee, Byeongheon) Appellant/Respondent by cross-appeal (Responding Party)

And: 2321324 Ontario Inc. a.k.a. Jasaab Holdings Inc Respondent/Appellant by cross-appeal (Moving Party)

Before: Tulloch, Nordheimer and Jamal JJ.A.

Counsel: Byeongheon Lee, in person/responding party Marwa Younes, for the respondent/moving party

Heard: April 9, 2021 by video conference

Reasons for Decision

[1] Prior to the hearing of this appeal, the court’s Senior Legal Officer wrote to the parties and advised them that there may be an issue regarding the jurisdiction of this court to hear the appeal. In response to that letter, the moving party brought a motion to transfer this appeal and the cross-appeal to the Divisional Court. At the hearing of the appeal, we granted an order transferring the appeal and the cross-appeal to the Divisional Court for reasons to follow. We now provide our reasons.

[2] Mr. Lee, the appellant, leased commercial premises from the respondent. The respondent terminated that lease, wrongfully as found by this court in an earlier decision. [1] In that decision, this court granted summary judgment to Mr. Lee and ordered an assessment of damages.

[3] That assessment of damages was conducted before Hackland J. in the Superior Court of Justice. By reasons dated March 6, 2020, he awarded Mr. Lee a total of $16,000 in damages. [2] Mr. Lee has appealed that damages award and the respondent has cross-appealed.

[4] This court has jurisdiction to hear appeals from final orders of the Superior Court of Justice, with certain exceptions. One of those exceptions, set out in s. 19(1)(a) of the Courts of Justice Act, R.S.O. 1990, c. C.43, is where the amount ordered to be paid is not more than $50,000. The amount awarded in this case falls into that exception.

[5] Consequently, this court does not have jurisdiction to hear the appeal. Exercising our authority under s. 110 of the Courts of Justice Act, we transferred the appeal and the cross-appeal to the Divisional Court, which has the jurisdiction to hear both matters. We did not make any order as to costs.

"M. Tulloch J.A." "I.V.B. Nordheimer J.A." "M. Jamal J.A."

Citations

[1] Jay-Pee Drycleaners Inc v. 2321324 Ontario Inc., 2017 ONCA 798 [2] Lee v. 2321324 Ontario Inc., 2020 ONSC 1473