Mohamed El Rashidy

The respondent consented to the appeal.

The Court of Appeal found that the order of Carey J. dated July 24, 2018 was made without jurisdiction, as an order under Rule 31.10 cannot be made without a proceeding having been undertaken in Ontario.

The order was set aside.

The respondent undertook not to enforce the order of Bondy J. dated July 17, 2018.

Costs were awarded to the appellant.

The appellants challenged the trial judge's interpretation of a contractual term, his factual finding regarding waiver of the time limit for performance, and his damages award.

The Court of Appeal applied the deferential standard of review established in Sattva Capital Corp. v. Creston Moly Corp. and found that the trial judge's interpretation of the poorly drafted contractual clause was reasonable and that there were no palpable and overriding errors in the factual findings.

The award of reliance damages was also found to be reasonable.

The appeal was dismissed with costs to the respondent.