Court File and Parties
COURT FILE NO.: 317/05
DATE: 20051117
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
ANTHONY TSAI Appellant (Defendant)
- and -
THEODORE POCHWALOWSKI Respondent (Plaintiff)
Counsel: In Person Leo Klug, for the Respondent
HEARD: November 17, 2005
Oral Reasons for Judgment
lane J. (Orally)
[1] Motion by the respondent on this appeal to quash the appeal to the Divisional Court on the ground that the appeal of this order properly lies to a single Judge of the Superior Court. The Order of Master Peterson requires Mr. Tsai, inter alia, to provide legal descriptions of certain properties in which he has an interest so that the plaintiff may execute upon his judgments for costs still unpaid.
[2] Mr. Tsai contends the order is "final" because it is the last step in the case. If he gives this information, the lands will be sold. In my view, the Order does not determine the rights of the parties. It is an interlocutory order. See Sun Life Assurance & York Ridge Developments (1998) 28 C.P.C. (4th) 16 at 20 (C.A.).
[3] The appeal is wrongly brought to Divisional Court. Mr. Klug asks that the appeal be quashed. In some respects it duplicates submissions made to, and rejected by McMahon J. in an earlier appeal. However, Mr. Tsai's right of appeal is not to be precluded because he launched it in the wrong court. The appeal will be struck from the Divisional Court list. Mr. Tsai will have 30 days in which to move the appeal to the Superior Court. If he does not do so, the appeal is quashed.
[4] Costs to the moving party of today's motion fixed at $500.00. Payment of these costs is a condition precedent to any transfer of this appeal to the Superior Court.
[5] Addendum: This order may be issued without Mr. Tsai's approval.
LANE J.
Date of Reasons for Judgment: November, 17, 2005
Date of Release: November 30, 2005
COURT FILE NO.: 317/05
DATE: 20051117
ONTARIO SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
ANTHONY TSAI Appellant (Defendant)
- and -
THEODORE POCHWALOWSKI Respondent (Plaintiff)
ORAL REASONS FOR JUDGMENT
LANE J.
Date of Reasons for Judgment: November, 17, 2005
Date of Release: November 30, 2005