CITATION: CIPC v. Dover Investments, 2016 ONSC 5516

DIVISIONAL COURT FILE NO.: 227/16

DATE: 20160901

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

[1] In 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.

[2] The 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.

[3] The 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.

[4] The 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.

[5] If 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.

[6] In 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