Court of Appeal for Ontario

Citation: Efthymiadis v. G4S Secure Solutions (Canada) Ltd., 2022 ONCA 554 Date: 2022-07-26 Docket: M53346 (C70454)

Before: Benotto, Zarnett and Thorburn JJ.A.

Between:

Elizabeth Efthymiadis and George Efthymiadis Plaintiffs (Appellants/Responding Parties)

and

G4S Secure Solutions (Canada) Ltd., Tina Baldwin, Randy Smith, London Police Service Board, Former Chief of Police Bard Duncan, Constable Darrin Brown, Constable Monica Loureiro, Minto Properties Limited, Jan Hetherington Defendants (Respondents/Moving Parties/Respondents/Responding Parties)

Counsel:

Inga B. Andriessen and Max H. Shin, for the moving parties G4S Secure Solutions (Canada) Ltd., Tina Baldwin and Randy Smith Elizabeth Efthymiadis and George Efthymiadis, acting in person

Heard: July 14, 2022

REASONS FOR DECISION

[1] The moving parties seek to quash the appeal on the basis that the order appealed from is interlocutory.

[2] Elizabeth and George Efthymiadis are brother and sister. They live together in an apartment. G4S Secure Solutions (Canada) Ltd. ("G4S") provided security to the apartment building. G4S was called upon to investigate noise complaints in relation to the Efthymiadis apartment. The Efthymiadis then made a complaint to the Human Rights Tribunal of Ontario ("HRTO"). In response, G4S provided two reports to the HRTO. The HRTO dismissed the complaint by the Efthymiadis.

[3] The Efthymiadis then brought an action against the respondents claiming, among other things, negligence, invasion of privacy and damages. During the course of the action, they moved for summary judgment and for an order allowing them to rely on G4S's two reports. The motion judge refused the motion to rely on the two reports because she concluded they were subject to an implied undertaking.

[4] The motion judge's order, which is the subject of this appeal, does not determine any of the the Efthymiadis' substantive rights in the underlying action. It is an interlocutory order, and an appeal lies to the Divisional Court with leave: see Paulpillai Estate v. Yusuf, 2020 ONCA 655, at para. 16.

[5] The appeal is quashed with costs to the moving parties in the amount of $3,000 inclusive of disbursements and applicable taxes.

"M.L. Benotto J.A."

"B. Zarnett J.A."

"J.A. Thorburn J.A."