Court File and Parties

Court of Appeal for Ontario Date: 20240522 Docket: M54786 (COA-23-CV-1347)

Before: Huscroft, Miller and Favreau JJ.A.

Between: Nathalie Xian Yi Yan, Plaintiff (Appellant/Responding Party)

And: Cavita Bahadur Persaud, Defendant (Respondent/Moving Party)

Counsel: Alicia Windsor, for the moving party Nathalie Xian Yi Yan, acting in person

Heard and released orally: May 16, 2024

Reasons for Decision

[1] The appellant seeks to appeal from the motion judge’s endorsement setting aside her noting in default of the defendant and striking her amended statement of claim, and from the associated costs order.

[2] The respondent moves to quash the appeal on the basis that no orders have been issued in relation to the endorsements the appellant seeks to appeal, and that the orders would be interlocutory in any event.

[3] It is clear that the matters under appeal are interlocutory. The endorsements do not preclude Ms. Yan from pursuing her claim. In these circumstances, an appeal lies only to the Divisional Court with leave of that court, pursuant to s. 19(1)(b) of the Courts of Justice Act, R.S.O. 1990, c. C.43.

[4] Accordingly, the motion is granted and the appeal is quashed.

[5] It would not be appropriate to award costs on a substantial indemnity basis in the absence of any evidence to substantiate the claim. The moving party is entitled to costs on a partial indemnity basis in the amount of $4,000 all inclusive.

“Grant Huscroft J.A.”

“B.W. Miller J.A.”

“L. Favreau J.A.”