Court File and Parties

CITATION: Dyke v. BMW Canada Inc., 2021 ONSC 3148

DIVISIONAL COURT FILE NO.: 408/19

DATE: 20210504

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: ELIZABETH DYKE, Plaintiff (Responding Party)

AND:

BMW CANADA INC., Defendant (Moving Party)

BEFORE: Swinton, Kristjanson and Favreau JJ.

COUNSEL: C. Michael J. Kealy and Jeffrey Haylock, for the Plaintiff (Responding Party)

Rachel Laurion, for the Defendant (Moving Party)

HEARD: in writing

ENDORSEMENT

[1] The Divisional Court has no jurisdiction to adjudicate this motion for leave to appeal the order of Mullins J. dated July 3, 2019 (2019 ONSC 4076). That order was made by Mullins J. sitting as a judge of the Divisional Court to determine an appeal of a decision of the Small Claims Court, pursuant to s. 31 of the Courts of Justice Act, R.S.O. 1990, c. C.43. Accordingly, leave to appeal her order should have been sought from the Court of Appeal pursuant to s. 6(1)(a) of that Act.

[2] The motion for leave to appeal is dismissed for want of jurisdiction. As neither party raised the jurisdictional issue, no costs are awarded.

Swinton J.

Kristjanson J.

Favreau J.

Date: May 4, 2021