Court of Appeal for Ontario
Before: Laskin, Lauwers and Hourigan JJ.A.
Between
Enviro Paving Corporation
Plaintiff (Appellant)
and
Robar Industries Limited and Polyval Coatings Inc.
Defendants (Respondents)
Counsel: Shane P. Murphy, for the appellant M. Katzman, for the respondent
Heard: April 7, 2015
On appeal from the order of Justice Stephen E. Firestone of the Superior Court of Justice, dated September 19, 2014.
APPEAL BOOK ENDORSEMENT
1We agree with the reasons of Firestone J. The appeal is dismissed.
2Robar has cross-appealed and asks that we dismiss Enviro’s claim on the ground it is frivolous and vexatious, or an abuse of process. Although we have sympathy for Robar’s position, before Firestone J. it sought either a stay or a dismissal – it was granted a stay, and we think it inappropriate to vary that order in this court. The cross-appeal is therefore dismissed. Robar is entitled to its costs in this court in the amount of $6000 all in.