Yan Liu

The appellants sought to appeal a motion judge's order granting partial summary judgment, which terminated a commercial lease and made declarations regarding a corporate bank account.

The respondent argued the order was interlocutory and required leave to appeal under s. 19(1)(b) of the Courts of Justice Act.

The Divisional Court held that the order was final because it finally disposed of substantive rights and pleaded issues, leaving nothing for trial.

Consequently, the appeal lies to the Divisional Court as of right under s. 19(1)(a).

This endorsement addresses procedural matters in an appeal from a partial summary judgment.

The respondent argued the order under appeal was interlocutory, requiring leave to appeal.

The court set a schedule for submissions on whether the order is interlocutory or final, and for an expedited appeal hearing.

It noted that a motion to stay was likely moot as the tenant had already been evicted, preferring to expedite the appeal.

The judge also raised a potential jurisdictional concern regarding the Court of Appeal's jurisdiction over the appeal.

The plaintiff builder brought a motion for default judgment against the defendant purchaser who failed to close a real estate transaction.

The court required the plaintiff to serve the motion materials on the defendant in accordance with Toronto best practice.

The court found the plaintiff met its onus to prove damages and mitigation efforts, awarding the difference between the contract price and resale price.

However, the court refused to enforce a 20% contractual interest rate, applying the Courts of Justice Act rate instead, and limited the recovery of carrying costs due to an unexplained 5-month delay in closing the resale.

The moving party sought leave to appeal the Assessment Review Board's decisions.

The Divisional Court granted leave to appeal on the issue of whether the Board breached the moving party's procedural fairness rights.

The respondent and the Board took no position on the motion, and no costs were ordered.