Court File and Parties

Court of Appeal for Ontario Date: 2023-03-13 Docket: M53922 & M54107 (C70837)

Before: Pepall, Harvison Young and George JJ.A.

Between: East Elgin Concrete Forming Limited, Plaintiff (Respondent/Moving Party/ Responding Party by Cross-Motion) And: 9001522 Canada Limited, Defendant (Appellant/Responding Party/ Moving Party by Cross-Motion)

Counsel: Stuart Mackay, for the moving party/responding party by cross-motion Patrick Bakos, for the responding party/moving party by cross-motion

Heard and released orally: March 10, 2023

Reasons for Decision

[1] We agree with the moving party, East Elgin Concrete Forming Limited, that this court does not have jurisdiction over this appeal which falls under s. 71(1) of the Construction Act, R.S.O. 1990, c. C.30. Accordingly, we are quashing the appeal. We decline to exercise our discretion to transfer it to the Divisional Court. The responding party’s cross-motion in that regard is dismissed.

[2] The moving party East Elgin Concrete Forming Limited is granted costs of $3,500 on a partial indemnity scale inclusive of disbursements and applicable tax.

"S.E. Pepall J.A." "A. Harvison Young J.A." "J. George J.A."