COURT OF APPEAL FOR ONTARIO
DATE: 20030508
DOCKET: C38416
RE:
TRIBAX MANAGEMENT LIMITED and DIBAX LIMITED (Appellants) - and - LASWIND INVESTMENTS LIMITED, SHARICO HOLDINGS LIMITED, TIMRON INVESTMENTS LIMITED, SAGITTA DEVELOPMENT & MANAGEMENT INC. AMIRALI D. DHARANI, MADAT SHARIFF AND ABDULLAH R. HASWANI
BEFORE:
FELDMAN, SIMMONS and GILLESE JJ.A.
COUNSEL:
Lloyd D. Cadsby, Q.C. and John Chapman
for the appellants
D. Barry Prentice
for the respondents
HEARD:
May 8, 2003
On appeal from the order of Justice Sarah Pepall of the Superior Court of Justice dated June 7, 2002.
A P P E A L B O O K E N D O R S E M E N T
[1] The parties agreed on the form of order in this case and included paragraph 1 which appears to be a final order. However, the issue decided by the motion judge was to deny an injunction preventing the sale. The motion judge’s reasons for refusing the injunction are based on her view of the agreement, however, those reasons do not amount to a final determination of the issue of the authority of the majority to sell the property. Before us counsel agreed that the authority issue is a live issue for trial. As a result, paragraph 1 of the order is struck out. To that extent the appeal is allowed. Paragraph 4 denies the relief of injunction.
[2] In light of counsel’s agreement before us that the issue remains open and that counsel did not consult on the issue before hand, costs of $3,000 to the respondents.