Superior Court of Justice - Divisional Court
COURT FILE NO.: 565/04
DATE: 20050110
BEFORE: CARNWATH, JARVIS AND SWINTON JJ.
B E T W E E N:
CJSC "SANOKR-MOSKVA" Plaintiff
- and -
TRADEOIL MANAGEMENT INC. Defendant
COUNSEL: Allen C. Gerstl, for the Plaintiff F. Scott Turton, for the Defendant
HEARD: January 10, 2005
Oral Reasons for Judgment
CARNWATH J.: (Orally)
[1] The motion is dismissed. Our reasons are as follows.
[2] We have no jurisdiction to hear this appeal. See Kohar v. Dufferin-Peel Catholic District School Board, 1999 Carswell Ont. 3054, Toronto Docket 383/99.
[3] In Universal Am-Can Ltd. et al., 177 O.A.C. 297, cited to us by counsel for the moving party, the panel was dealing with a motion attacking an order refusing to grant leave to appeal. However, in that case the refusal to grant leave was made by a judge of the Divisional Court. Therefore, s.21(5) of the Courts of Justice Act applied.
[4] In Diamond & Co. v. Nigro, 2003 Carswell Ont. 4910, Meehan J. appears to have overlooked that Lang J. was sitting as a Superior Court Judge, when she refused leave to appeal, no doubt because the matter was not raised before Meehan J. The fact he assumed jurisdiction cannot be taken as authority to oust the decision in Kohar, previously cited.
[5] Costs to the respondent party on a partial indemnity basis, payable 30 days. Fees of $2,000.00, plus disbursements, plus GST.
CARNWATH J.
JARVIS J.
SWINTON J.
Date of Reasons for Judgment: January 10, 2005
Date of Release: January 14, 2005
COURT FILE NO.: 565/04
DATE: 20050110
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
CARNWATH, JARVIS AND SWINTON JJ.
B E T W E E N:
CJSC "SANOKR-MOSKVA" Plaintiff
- and -
TRADEOIL MANAGEMENT INC. Defendant
ORAL REASONS FOR JUDGMENT CARNWATH J.
Date of Reasons for Judgment: January 10, 2005
Date of Release: January 14, 2005