Court File and Parties
CITATION: 1644487 Ontario Inc. v. PSC Holdings Corporation, 2020 ONSC 7750
DIVISIONAL COURT FILE NO.: DC 403/20
DATE: 2020-12-14
SUPERIOR COURT OF JUSTICE – ONTARIO DIVISIONAL COURT
RE: 1644487 ONTARIO INC., 2111451 ONTARIO LTD., 1617587 ONTARIO LIMITED, 2594938 ONTARIO INC., 2414210 ONTARIO LTD., 2111410 ONTARIO LIMITED, 2446136 ONTARIO LTD., 2575666 ONTARIO INC., 1677693 ONTARIO INC., 2475301 ONTARIO INC., 2252346 ONTARIO LTD., 6435531 MANITOBA LTD., 2334999 ONTARIO INC., 2707654 ONTARIO INC., 2133410 ONTARIO INC., 2249667 ONTARIO INC., 2397494 ONTARIO INC., 2032135 ONTARIO LIMITED, 2451828 ONTARIO INC., 2249668 ONTARIO INC., 2429657 ONTARIO INC., 2481680 ONTARIO INC., 2372257 ONTARIO INC., 2361777 ONTARIO INC., 2636633 ONTARIO INC. and 1724415 ONTARIO INC., Plaintiffs
AND:
PSC HOLDINGS CORPORATION and BERNIE FERBEY, Defendants
BEFORE: Lederer, Penny and Sheard JJ
COUNSEL: Allan D.J. Dick and Jonathan Schachter for the Defendants/Moving Parties Geoffrey B. Shaw and Danielle DiPardo for the Plaintiffs/Responding Parties
Endorsement
[1] The defendants moved before Koehnen J. for a stay of this action on grounds of lack of jurisdiction. This motion for leave to appeal is from the September 23, 2020 order of Koehnen J. in which he dismissed the defendants’ motion for a stay on the basis that Ontario has jurisdiction over the subject matter of the claims.
[2] There is a body of settled law from the Court of Appeal for Ontario (see for example, Hopkins v. Kay, 2014 ONCA 514) that an order dismissing a jurisdiction motion for a stay, if granted on the basis of a finding that Ontario has jurisdiction, is a final order. Final orders of the Superior Court of Justice must be appealed to the Court of Appeal, not the Divisional Court.
[3] The motion for leave to appeal is dismissed.
[4] Both parties invited this court to make supplementary orders arising out of this ruling. We decline that invitation.
[5] Costs to the responding plaintiffs in the amount of $5,000.
Penny J.
I agree _______________________________
Lederer J. (by Penny J. due to COVID restrictions)
I agree _______________________________
Sheard J. (by Penny J. due to COVID restrictions)
Date: December 14, 2020