COURT OF APPEAL FOR ONTARIO
CITATION: Barbour v. Bailey, 2015 ONCA 84
DATE: 20150204
DOCKET: C58076
Rouleau, van Rensburg and Pardu JJ.A.
In the matter of an appeal under Section 27 of the Land Titles Act, R.S.O. 1990 c. L.5, as amended (the “LTA”) from the judgment pronounced in connection with an appeal/trial de novo held under Section 26 of the LTA and in the matter of an appeal from a Rule 14 Application
BETWEEN
Gerald Harry Barbour
Appellant
(Objector/Respondent)
and
Angelina Bailey
Respondent
(Possessory Claimant/Applicant)
DOCKET: M43985 (C58076)
BETWEEN
Angelina Bailey
Possessory Claimant/Applicant
(Respondent on Appeal)
and
Gerald Harry Barbour
Objector/Respondent
and
Jeffrey E. Streisfield
Respondent on Motion
(Appellant)
Sean Dewart, for Jeffrey Streisfield
Jeffrey Streisfield, for Gerald Harry Barbour
Robert J. Fenn and Izaak de Rijcke, for Angelina Bailey
Heard: February 3, 2015
On appeal from the judgment of Justice Susan E. Healey of the Superior Court of Justice, dated November 29, 2013.
APPEAL BOOK ENDORSEMENT
[1] The judgment sought to be appealed disposes only of claims made under the Land Titles Act. Pursuant to s. 27 of that Act, any further appeal is to the Divisional Court. As a result, this court does not have jurisdiction to hear the appeal.
[2] As to the costs orders made in the proceedings below, we are of the view that where the statute, as here, provides that the appeal is to the Divisional Court, the costs orders related to that matter are properly dealt with by that court, and it is that court that has jurisdiction.
[3] The parties request that this court transfer the appeal and motion for leave to appeal costs to the Divisional Court, pursuant to s. 110 of the Courts of Justice Act. Given the age of the parties, there is some urgency to dispose of the appeal and motion. We agree. The matters are to be transferred to the Divisional Court with a request that they be expedited and, if it will result in earlier dates, the matters be heard in Toronto. Costs of today are reserved to the Divisional Court.