Tewari v. Hillyer
Gaurav Tewari
Law Firm / Organization
Self Represented
Michael Hillyer
Wal-Mart, Inc.
Wal-Mart Canada, Inc.
Tyson Foods, Inc.
Tyson Foods Canada, Inc.
Michael Clowers
Dawna Helin
James Dawson Enterprises
Robert [Bill] Roskoskey
CV-Tek, Inc.
Multi-Sorb Technologies Inc.
Law Firm / Organization
Borden Ladner Gervais LLP (BLG)
Lawyer(s)

Brendon Wong

Mitsubishi Gas Chemical America, Inc.

Key Issues:

  • Michael Hillyer, Wal-Mart entities, Tyson Foods entities, Michael Clowers, and others (Respondents) sought to quash the appeal, arguing the order appealed from was interlocutory, and the proper venue for appeal was the Divisional Court, requiring leave to appeal under section 19(1)(b) of the Courts of Justice Act (CJA).

  • The appellant's initial motion aimed to compel witness attendance in a jurisdictional dispute.

Court’s Findings:

  • The order appealed was indeed interlocutory, as it did not resolve any final rights of the parties.

  • The Court of Appeal concluded it lacked jurisdiction to hear the appeal, and thus quashed the appeal.
  • The appellant’s request to transfer the appeal to the Divisional Court was denied, with the court indicating that the Divisional Court should address any further requests, such as for an extension of time.

Outcome:

  • The motion to quash the appeal was granted.

  • The appellant was ordered to pay $5,000 in costs to the respondents.
Court of Appeal for Ontario
M55225; COA-24-CV-0513
Civil litigation
$ 5,000
Respondent