Court File and Parties
CITATION: Man-Shield (NWO) Construction Inc. v. AGC Flat Glass North America Ltd. 2019 ONSC 3993
DIVISIONAL COURT FILE NO.: DC-19-0003-00
DATE: 20190626
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: MAN-SHIELD (NWO) CONSTRUCTION INC. Appellant -and- AGC Flat Glass North America Ltd. Respondent
BEFORE: Lafreniere, Myers, and Williams JJ.
COUNSEL: R. Johansen, for the Appellant S. Van Helden, for the Respondent
HEARD at Thunder Bay: June 26, 2019
Endorsement
Myers J. (orally):
[1] Subsection 71(3) of the Construction Lien Act applies to this appeal in accordance with s. 87.3 of the Construction Act.
[2] Subsection 71(3) of the Construction Lien Act provides that no appeal lies from an interlocutory order. In Sun Life Assurance Co. of Canada v. York Ridge Developments Ltd. (1998), 1998 4519 (ON CA), 116 O.A.C. 103 (ONCA) the Court of Appeal found that an order refusing a stay of a summary judgment is procedural and therefore interlocutory. This principle remains good law as it was recently reasserted by the Court of Appeal in Paradigm Quest Inc. v. McInroy, 2017 ONCA 547, 280 A.C.W.S. (3d) 689.
[3] Therefore, this court has no jurisdiction to hear this matter and this appeal is dismissed.
Lafreniere J. (Orally):
[4] I have endorsed the appeal book:
"For oral reasons delivered by Myers J. the appeal is dismissed with costs payable to the respondent, fixed in the sum of $7,500.00 inclusive of disbursements and HST."
Lafreniere J.
I agree _______________________________ Myers J.
I agree _______________________________ Williams J.
Date of Decision: June 26, 2019
Date of Release: June 27, 2019