Court File and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20210628 DOCKET: M52496 (C69195)

Doherty, Feldman and Benotto JJ.A.

BETWEEN

Stuart Weinstein Respondent (Appellant)

and

Toronto Standard Condominium Corporation No. 1466 Moving Party (Respondent)

Counsel: Timothy M. Duggan, for the moving party (respondent) Stuart Weinstein, acting in person

Heard: June 24, 2021 by video conference

On appeal from the decision of Justice B. Davies of the Superior Court of Justice, dated May 13, 2021.

Reasons for Decision

[1] This is a motion to quash the appeal for want of jurisdiction. We agree with the respondent that s. 49 of the Arbitration Act, 1991 applies. Mr. Weinstein needs leave to appeal the decision of Davies J.

[2] In oral submissions, Mr. Weinstein maintained his position that he had a right of appeal. However, he submitted that if the court determined leave was required, he was prepared to argue for leave to appeal today based on the material before the court on this motion. Counsel for the respondent was also prepared to proceed on that basis.

[3] Consequently, the court determined that it would quash the appeal, but allow Mr. Weinstein to proceed with a motion for leave to appeal based on the materials filed on this motion. The court heard submissions from both parties.

[4] It is not the practice of this court to give reasons on motions for leave to appeal and we see no reason to depart from that practice here. Mr. Weinstein has not established that the criteria for granting leave to appeal are met in this case. The appeal is quashed. Leave to appeal is refused. No costs.

"Doherty J.A."

"K. Feldman J.A."

"M.L. Benotto J.A."