CITATION: Nichols Gravel Limited v. Ontario (Attorney General), 2009 ONCA 664

DATE: 20090917

DOCKET: C50021

COURT OF APPEAL FOR ONTARIO

O’Connor A.C.J.O., Blair and Juriansz JJ.A.

BETWEEN:

Nichols Gravel Limited, Gary Nichols, Margaret Nichols and Dwayne Nichols

Applicants (Plaintiffs)

and

Her Majesty the Queen in the Right of the Province of Ontario, the Ministry of Natural Resources and the Attorney General for the Province of Ontario

Respondent (Defendants)

Paul Osier, for the appellants

Connie Vernon, for the respondent, Her Majesty the Queen on the contempt order

Jeremy Glick, for the respondent, Her Majesty the Queen on the stay

Heard: September 11, 2009

On appeal from the judgment of Justice N. Borkovich of the Superior Court of Justice dated January 15, 2009.

APPEAL BOOK ENDORSEMENT

[1] The motion judge properly dismissed the request that the contempt proceeding be stayed. The material before him did not support the basis for the request. In particular, there was no evidence before the motion judge to suggest that an application for an extension of time for leave to appeal the interlocutory injunction order that underlay the contempt proceeding could succeed.

[2] The appeal is dismissed.

[3] The appellants shall pay the respondents’ costs fixed in the amount of $4,070, inclusive of disbursements and GST.