Court of Appeal for Ontario
BORINS, FELDMAN and ARMSTRONG JJ.A.
BETWEEN:
EVA GINGL
Applicant/Respondent
and
PETER SHEPPARD and COMMSIGHT CORPORATION
Respondents/Appellants
AND BETWEEN:
PETER SHEPPARD and COMMSIGHT CORPORATION
Counter-Applicants/Appellants
and
EVA GINGL, 1177898 ONTARIO INC., 2096055 ONTARIO INC. c.o.b. as “CABLE-ONE”, 2096055 ONTARIO INC. c.o.b. as “SUN GALLERY”, and JOHN DOE 1-5
Counter-Respondent/Respondents
Peter Sheppard, appearing in person and on behalf of Commsight Corporation
Ranjan Das for the respondents
Heard: December 13, 2007
On appeal from the judgment of Justice John R. McIsaac of the Superior Court of Justice dated October 20, 2006.
APPEAL BOOK ENDORSEMENT
1This was an application by the respondent to enforce an arbitrator’s award. The appellant did not oppose the application. Rather, he brought a counter-application for an order remitting the matter to the arbitrator to deal with alleged contempt of a purported confidentiality order by the respondent, as well as relief in the form of a mandatory order requiring the respondent to do, or to refrain from doing, a number of matters. In our view, we are not persuaded that the application judge erred in the exercise of his discretion in allowing the application and dismissing the counter-application.
2Accordingly, we would dismiss the appeal with costs fixed in the amount of $5,000 including disbursements and G.S.T.
3Further, we would order the appellant’s approval of the order of McIsaac J. and the order of this court be dispensed with.
