CITATION: CIPC v. Dover Investments, 2016 ONSC 5516
DIVISIONAL COURT FILE NO.: 227/16
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: CANADIAN INTERNATIONAL PETROLEUM CORP, AND GHAREEB AWAD, Appellants on the Appeal/Applicants
AND:
DOVER INVESTMENTS LIMITED AND ROBERT SALNA, Respondents on the Appeal/Respondents
BEFORE: Stewart J.
COUNSEL: Harold Maltz, for the Respondents on the Appeal
HEARD at Toronto: Written
ENDORSEMENT
1In my decision of July 14, 2015 in this matter, I invited the parties to deliver costs submissions if that subject could not be agreed upon by them.
2The Respondents Dover Investment Limited and Robert Salna seek costs in the amount of $13,788.75. The Appellants Canadian International Petroleum Corp and Ghareeb Awad take the position that there should be no order as to costs.
3The Respondents were successful in obtaining an order quashing the appeal on the basis that it is not within the jurisdiction of the Divisional Court and is one which properly should be made to the Court of Appeal.
4The Appellant Awad is self-represented and also represents Canadian International Petroleum Corp. The materials filed on the motion to quash were not extensive and oral argument was quite straightforward and not lengthy.
5If the Appellants seek to pursue their appeal in the Court of Appeal, some of the materials prepared will continue to be of assistance to the parties.
6In all of the circumstances, I consider that a fair and reasonable amount to award to the Respondents as costs of the motion is $5000.00, inclusive of all disbursements.
Stewart J.
Date: September 01, 2016