Civil Practice and Procedure – Practice on appeal – Leave to appeal
Defendant numbered company had costs order made against it, in favour of plaintiff corporation. Company appealed costs order, without leave to do so. Court found that appeal could not be made without leave, and stated that appeal should be quashed pending written submissions. Company claimed that appeal could be made without leave, as costs order arose under Construction Lien Act rather than Courts of Justice Act. Submissions made by company. Appeal quashed. Court had previously applied leave requirement to lien actions. Construction Lien Act provided for summary process for dispute resolution. Appeal of costs award without leave was contrary to this goal. Leave issue was not properly before court, and as such quashing of appeal was proper remedy.
Pollard Windows Inc. v. 1736106 Ontario Inc. (2019), 2019 CarswellOnt 14848, 2019 ONSC 5361, D.L. Corbett J., F.B. Fitzpatrick J., and F.L. Myers J. (Ont. Div. Ct.).
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