COURT OF APPEAL FOR ONTARIO
CITATION: East Elgin Concrete Forming Limited v. 9001522 Canada Limited, 2023 ONCA 175
DATE: 20230313
DOCKET: M53922 & M54107 (C70837)
Pepall, Harvison Young and George JJ.A.
BETWEEN
East Elgin Concrete Forming Limited
Plaintiff
(Respondent/Moving Party/
Responding Party by Cross-Motion)
and
9001522 Canada Limited
Defendant
(Appellant/Responding Party/
Moving Party by Cross-Motion)
Stuart Mackay, for the moving party/responding party by cross-motion
Patrick Bakos, for the responding party/moving party by cross-motion
Heard and released orally: March 10, 2023
REASONS FOR DECISION
[1] We agree with the moving party, East Elgin Concrete Forming Limited, that this court does not have jurisdiction over this appeal which falls under s. 71(1) of the Construction Act, R.S.O. 1990, c. C.30. Accordingly, we are quashing the appeal. We decline to exercise our discretion to transfer it to the Divisional Court. The responding party’s cross-motion in that regard is dismissed.
[2] The moving party East Elgin Concrete Forming Limited is granted costs of $3,500 on a partial indemnity scale inclusive of disbursements and applicable tax.
“S.E. Pepall J.A.”
“A. Harvison Young J.A.”
“J. George J.A.”