Court of Appeal for Ontario
Before: Doherty, Simmons and Epstein JJ.A.
Between:
Edward Van Ginkel
Applicant (Appellant)
and
QGX Ltd., Kerry Holdings Ltd., Mongolia Holdings Corp. and MCS Holdings LLC
Respondents (Respondents)
Counsel:
Ronald G. Slaght, Q.C. and Jamie Spotswood, for the appellant
Wendy Berman and Leila Wright, for the respondents
Heard: April 27, 2010
On appeal from the order of Justice H.J. Wilton-Siegel of the Superior Court of Justice dated November 1, 2009.
APPEAL BOOK ENDORSEMENT
1Despite Mr. Slaght’s able argument, we cannot accept his submissions. Sections 8 and 2 of the Agreement must be read together to understand their interrelationship. The application judge did that at paras. 45-47. We agree with the analysis in those paragraphs. In our view, the reasoning in those principles is sufficient to dispose of the interpretative issue in favour of the respondents.
2The appeal is dismissed. If the parties cannot agree on costs, they may file written submissions.