Court of Appeal for Ontario

Date: 2022-04-12 Docket: M52995 (C70022)

Judges: MacPherson, Paciocco and George JJ.A.

Between:

Hornepayne First Nation Applicant (Appellant/Responding Party)

and

Ontario First Nations (2008) Limited Partnership Respondent (Respondent/Moving Party)

Counsel: David Outerbridge, for the moving party Chief Ron B. Kocsis, acting in person for the responding party

Heard and released orally: April 8, 2022

Reasons for Decision

[1] Pursuant to section 49 of the Arbitration Act, 1991, S.O. 1991, c. 17, an appeal from the judgment of Fitzpatrick J. of the Superior Court of Justice requires leave. By virtue of rule 61.03.1(3) of the Rules of Civil Procedure, R.R.O. Reg. 194, leave must be sought within 15 days of the decision to be appealed. The appellant has not complied with these provisions. The appeal is quashed.

[2] The moving party is entitled to its costs of the motion fixed at $7,500 inclusive of disbursements and HST.

"J.C. MacPherson J.A."

"David M. Paciocco J.A."

"J. George J.A."