Court File and Parties

CITATION: Sinnappu and Chandrababu v. Tharmalingam, 2023 ONSC 4456

DIVISIONAL COURT FILE NO.: 23-211-ML

DATE: 20230810

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: NALLAIAH SINNAPPU and NAVARATHY CHANDRABABU, Moving Parties

AND: SUTHA THARMALINGAM, Respondent

AND: INTACT INSURANCE COMPANY, Respondent

BEFORE: ACJ McWatt, Stewart & Matheson JJ.

COUNSEL: David Wilson, for the Moving Parties Daniel M. Himelfarb and Joseph Tumini, for the Respondents

HEARD: In writing.

Endorsement

[1] The motion for leave to appeal the order of Associate Justice Jolley dated March 10, 2023, and related endorsements dated February 10, 2023 and March 9, 2023, is dismissed.

[2] Leave to appeal the costs orders is denied. The motion also seeks leave to appeal para. 1 of the March 20, 2023 order, which dismissed the motion to increase the pre-judgment interest rate. Leave to appeal that order is not required.

[3] The moving parties shall notify the respondent within seven days regarding whether they intend to pursue an appeal regarding para. 1 of the March 10, 2023 order. If they do, they shall, within the same time period, deliver their notice of appeal, and the parties shall then comply with para. 26 of the Consolidated Practice Direction for Divisional Court Proceedings.

[4] The parties have not provided the required costs submissions. There shall be no order of costs on this motion.

ACJ McWatt

Stewart J.

Matheson J.

Released: August 11, 2023