Court File and Parties

CITATION: Alessandro v. Briggs, 2024 ONSC 5520

DIVISIONAL COURT FILE NO.: 519/24

DATE: 20241002

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: Joe Alessandro, Appellant

AND:

Joseph Gavin Briggs, Respondent

BEFORE: Davies J.

COUNSEL: Self-represented, Appellant

Tom Macintosh Zheng and Yun Ji (Julia) Chung, for the Respondent

HEARD at Toronto (by video conference): October 2, 2024

ENDORSEMENT

[1] The Divisional Court only has jurisdiction to hear appeals from a final order of a judge of the Superior Court of Justice if the order is for single payment of not more than $50,000 (exclusive of costs): Courts of Justice Act, ss. 19(1) and 19(1.2). Appeals from final orders for the payment of more than $50,000 must go to the Court of Appeal.

[2] On August 21, 2024, Justice Parghi granted default judgment against Mr. Alessandro in favour of Mr. Briggs. Justice Parghi ordered Mr. Alessandro to pay $20,285 in compensatory damages and $25,000 in punitive damages plus 1.3% pre-judgment interest from January 28, 2015.

[3] The Court of Appeal has ruled that pre-judgment interest is included in the total for the purpose of determining the jurisdiction of the Divisional Court: Medis Health and Pharmaceutical Services v. Belrose, 1994 413 (ON CA).

[4] Based on the calculations provided in the Respondent’s case conference brief, I am satisfied that Justice Parghi has ordered Mr. Alessandro to make a single payment to Mr. Briggs of $50,918.83 once the pre-judgment interest is calculated.

[5] The Divisional Court does not have jurisdiction to hear Mr. Alessandro’s appeal. His appeal is, therefore, dismissed. I make these directions without prejudice to Mr. Alessandro’s ability to pursue his appeal in the proper forum.

[6] The Respondent did not seek costs and no costs order is made.

Davies J.

Released: October 2, 2024