Court File and Parties

CITATION: Jerry v. Black, 2021 ONSC 2000

DIVISIONAL COURT FILE NO.: 660/20

DATE: 2021/03/18

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: maxwell michael jerry, michael jerry and terry jerry, Plaintiffs/Responding Parties

AND:

kevin J. Black and Barbara parr, Defendants/ Moving Parties

BEFORE: Molloy, Sachs and Bloom JJ.

COUNSEL: D. Lynn Turnbull, for the Defendants/Moving Parties

Kevin Kemp, for the Plaintiffs/Responding Parties

HEARD at Toronto: In writing

Endorsement

[1] This motion for leave to appeal the order of Cameron J. dated December 7, 2020 is allowed on the following issues only: Does the Superior Court have jurisdiction to order that a party pay the costs of an independent medical examination that they failed to attend in the absence of a court order for the examination? If the Superior Court does have jurisdiction should such an order be made in this case?

[2] Costs of the leave motion are fixed in the amount of $5000.00, all inclusive. Entitlement to those costs is reserved to the panel hearing the appeal.

Molloy J.

I agree _______________________________

Sachs J.

I agree _______________________________

Bloom J.

Date: March 18, 2021