Civil Practice and Procedure - Practice on Appeal – Powers and duties of appellate court
Plaintiff subcontractor was previously granted partial summary judgment, in action against defendant contractor. Contractor moved to stay summary judgment, pending appeal. Motion was dismissed. Contractor appealed to Court of Appeal. Subcontractor claimed that Divisional Court, not Court of Appeal, had jurisdiction over appeal as order was interlocutory. Contractor conceded that Divisional Court had jurisdiction, but requested transfer of appeal. Contractor moved for above-noted relief. Motion dismissed; appeal quashed. Parties were correct regarding jurisdictional issue. Quashing, not transfer of appeal, was proper remedy.
The Floor Show Ltd. v. Man-Shield (NWO) Construction Inc. (2019), 2019 CarswellOnt 21283, 2019 ONCA 954, Simmons J.A., Pardu J.A., and Nordheimer J.A. (Ont. C.A.).
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