Court File and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20220315 DOCKET: M52379 (C69259 & C69260)

van Rensburg, Nordheimer and Harvison Young JJ.A.

BETWEEN

Julie Daly also known as Julie Samantha Lawrence Applicant (Appellant/Responding Party)

and

NYX Tannery Ltd. and Corporation of the City of Mississauga Respondents (Respondents/ Moving Party)

Counsel: Glenn Grenier, for the moving party Julie Daly, acting in person

Heard: March 9, 2022 by video conference

Reasons for Decision

[1] The respondent, NYX Tannery Ltd., moves to quash two appeals brought by the appellant. One is from the order of Chown J., dated February 22, 2021, which awarded the moving party costs of $30,000 arising out of the appellant’s discontinuance of an application against the respondents. The other is from the order of Trimble J., dated February 19, 2021, which granted an amendment to the title of proceedings in the same application.

[2] In our view, both appeals must be quashed. The order of Trimble J. amending the title of proceedings is an interlocutory order from which an appeal only lies to the Divisional Court with leave: Courts of Justice Act, R.S.O. 1990, c. C.34, s. 19(1)(c). Similarly, the order of Chown J. is for an amount less than $50,000 and, consequently, any appeal lies to the Divisional Court: Courts of Justice Act, ss. 19(1)(a), 19(1.2)(a). It too would require leave, as it is an appeal from an order awarding costs: Courts of Justice Act, s. 133(b).

[3] The motion is granted and both appeals are quashed. The moving party is entitled to its costs of the motion, which we fix in the amount of $2,500, inclusive of disbursements and H.S.T.

“K. van Rensburg J.A.”

“I.V.B. Nordheimer J.A.”

“Harvison Young J.A.”