Key Points:

• Background:

  • ID Inc. sought to quash part of TWPA's appeal and to lift any remaining stay on the appeal.
  • TWPA opposed this motion and sought an extension of time to appeal if needed.

• Appeal Details:

  • The appeal revolves around a judgment by Justice Merritt dated January 9, 2024.
  • Judgment ordered TWPA to pay ID Inc.:
    • $949,899 for breach of contract.
    • $1,803,244 in prejudgment interest.
    • Post-judgment interest at 26.8% per annum from August 25, 2023.

• Arguments:

  • ID Inc. claimed the appeal period began on August 25, 2023, when liability for breach of contract was pronounced.
  • TWPA argued the appeal period started on January 9, 2024, when the judgment including interest was finalized.

• Court's Decision:

  • Motion to quash dismissed.
  • The appeal period starts from the date of the single judgment (January 9, 2024), not the earlier liability decision date.
  • No separate judgment was issued for damages alone on August 25, 2023, as ID Inc. had requested.
  • Appeal is not out of time.

• Outcome:

  • ID Inc.’s motion to quash the appeal dismissed.
  • TWPA’s cross-motion dismissed as moot.
  • Costs awarded to TWPA, totaling $10,000.

Conclusion: The Court of Appeal for Ontario determined that the time to appeal runs from the date of the final judgment, dismissing ID Inc.'s motion to quash and awarding costs to TWPA.