Jencik v. Canejo, (1990) 41 O.A.C. 158 (DC)

• Judge: Rosenberg, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: October 03, 1990
• Jurisdiction: Ontario
• Citations: (1990), 41 O.A.C. 158 (DC)

Jencik v. Canejo (1990), 41 O.A.C. 158 (DC)

MLB headnote and full text

Carlos Canejo (appellant) v. Peter Jencik, as Trustee (respondent)

(754/90)

Indexed As: Jencik (Trustee) v. Canejo

Ontario Court of Justice

General Division

Divisional Court

Rosenberg, J.

October 3, 1990.

Summary:

A vendor sued the purchaser of property. The trial judge allowed the action and held that the vendor was entitled to damages. The question of the quantum of damages was referred, with specific directions, to a Master for assessment. The Master set the damages at over $25,000.00. The purchaser appealed. The vendor applied to dismiss the appeal for want of jurisdiction.

A judge of the Ontario Court of Justice, General Division (Divisional Court), allowed the application and transferred the appeal from the Divisional Court to the Court of Appeal.

Courts - Topic 7510

Provincial courts - Ontario - Supreme Court - Divisional Court - Jurisdiction - Monetary - A vendor obtained judgment in the High Court against a purchaser - The assessment of damages was referred to a Master, with specific directions - Although the exact amount of the judgment was yet to be determined, the amount would clearly exceed $25,000.00 - A judge of the Ontario Divisional Court accordingly held that the purchaser's appeal could not be heard by the Divisional Court, pursuant to s. 15(1)(a) of the Courts of Justice Act - The judge transferred the appeal to the Court of Appeal.

Cases Noticed:

Goh et al. v. M.H. Ingle & Associates Insurance Brokers Ltd. et al. (1988), 29 C.P.C.(2d) 276, refd to. [para. 5].

Statutes Noticed:

Courts of Justice Act, S.O. 1984, c. 11, sect. 15(1)(a) [paras. 1, 3, 6-8].

Counsel:

R. Nygren, for the applicant;

P. Mitchell, for the respondent.

This application was heard before Rosenberg, J., of the Ontario Court of Justice, General Division (Divisional Court), whose decision was released on October 3, 1990.