Soo Mill and Lumber Company Ltd. v. Pozzebon, 2023 ONCA 215

Case Summary

The Court of Appeal for Ontario considered a motion regarding an appeal that arose under the Construction Lien Act. The moving parties (respondents) argued that the Court of Appeal lacked jurisdiction over the appeal. The court agreed, finding that jurisdiction for such matters lay with the Divisional Court, and that the question of whether the underlying order was final or interlocutory was for the Divisional Court to decide. Consequently, the Court of Appeal quashed the appeal and declined to exercise its discretion to transfer the appeal to the Divisional Court. Costs were awarded to the successful moving parties.

Court File and Parties

Court of Appeal for Ontario Date: 20230328 Docket: M53986 (C70150)

van Rensburg, Huscroft and George JJ.A.

Between

Soo Mill and Lumber Company Ltd. Plaintiff/Defendant by Counterclaim (Appellant/Responding Party)

and

Frank Pozzebon, Trisha-Ann Pozzebon, Nick Pozzebon, FP Contracting (GP), P.R.G. Builders Inc., R & J Holdings Inc., Ronald Archibald Champagne, and Judy Ann Champagne Defendants/Plaintiffs by Counterclaim (Respondents / Moving Parties)

Counsel: Marc A.J. Huneault, for the moving parties, Frank Pozzebon, Trisha-Ann Pozzebon, Nick Pozzebon, and FP Contracting (GP) Gordon P. Acton and Mia Carella, for the respondents Ronald Archibald Champagne, Judy-Ann Champagne, and R&J Holdings Inc. Michael Mazzuca and Broghan Masters, for the responding party

Heard: March 21, 2023

Endorsement

[1] We agree with the moving parties that this court does not have jurisdiction over this appeal, which falls under the provisions of the Construction Lien Act, R.S.O. 1990, c. C.30. As for whether the order under appeal is final or interlocutory, that would be for the Divisional Court to decide. Accordingly, the appeal is quashed.

[2] Further, we decline to exercise our discretion to transfer this appeal to the Divisional Court.

[3] Costs of this motion and the appeal to the moving parties Frank Pozzebon, Trisha-Ann Pozzebon, Nick Pozzebon and FP Contracting (GP) in the amount of $15,000 inclusive of HST and disbursements; and to the respondents R&J Holdings Inc., Ronald Champagne and Judy Ann Champagne in the amount of $7,500 inclusive of HST and disbursements.

"K. van Rensburg J.A."

"Grant Huscroft J.A."

"J. George J.A."

Soo Mill and Lumber Company Ltd. v. Pozzebon, 2023 ONCA 215

Case Summary

Court File and Parties

Endorsement

Cited By (1 case)

Arcamm Electrical Services Ltd. v. Avison Young Real Estate Management Services LP, 2024 ONCA 251

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