2017 ONSC 3601, 2017 ONSC 3601

CITATION : Lin v. Fleury, 2017 ONSC 3601 DIVISIONAL COURT FILE NO.: 301/17 DATE: 20170609 SUPERIOR COURT OF JUSTICE – ONTARIO DIVISIONAL COURT RE: KATHERINE LIN v. ERIC FLEURY and GLORIA ANN BEFORE: NORDHEIMER J. HEARD at Toronto: written submissions E N D O R S E M E N T [ 1 ] On May 30, 2017, Hood J. issued an order under r. 2.1.01(1) dismissing Ms. Lin’s claim. On June 6, 2017, Ms. Lin filed a Notice of Appeal in this court.

On June 8, 2017, counsel for the defendants wrote to request that this court dismiss the appeal also under r. 2.1.01(1). [ 2 ] Given the contents of the statement of claim and the Notice of Appeal, I would have ordinarily directed the Registrar to give notice to Ms. Lin that the court was considering dismissing the appeal under r. 2.1.01(1). However, I do not consider that to be necessary in this case because it is clear on the face of the record that this court has no jurisdiction to entertain Ms. Lin’s appeal. [ 3 ] The claim advanced by Ms.

Lin was for damages for $50,000 against one defendant and $300,000 against the other. This court only has jurisdiction to hear appeals where the amount involved in the appeal is $50,000 or less: Courts of Justice Act , R.S.O. 1990, c. C.43, s. 19(1.2). Therefore there is no jurisdiction in this court to consider this appeal. Ms. Lin’s right of appeal from the order of Hood J. lies to the Court of Appeal. [ 4 ] Consequently, I make an order quashing Ms. Lin’s appeal. NORDHEIMER J. DATE: June 9, 2017