Court of Appeal for Ontario

CITATION: Gingl v. Sheppard, 2007 ONCA 884

DATE: 20071214

DOCKET: C46301

BORINS, FELDMAN and ARMSTRONG JJ.A.

BETWEEN:

EVA GINGL

Applicant/Respondent

and

PETER SHEPPARD and COMMSIGHT CORPORATION

Respondents/Appellants

AND BETWEEN:

PETER SHEPPARD and COMMSIGHT CORPORATION

Counter-Applicants/Appellants

and

EVA GINGL, 1177898 ONTARIO INC., 2096055 ONTARIO INC. c.o.b. as “CABLE-ONE”, 2096055 ONTARIO INC. c.o.b. as “SUN GALLERY”, and JOHN DOE 1-5

Counter-Respondent/Respondents

Peter Sheppard, appearing in person and on behalf of Commsight Corporation

Ranjan Das for the respondents

Heard: December 13, 2007

On appeal from the judgment of Justice John R. McIsaac of the Superior Court of Justice dated October 20, 2006.

APPEAL BOOK ENDORSEMENT

[1] This was an application by the respondent to enforce an arbitrator’s award. The appellant did not oppose the application. Rather, he brought a counter-application for an order remitting the matter to the arbitrator to deal with alleged contempt of a purported confidentiality order by the respondent, as well as relief in the form of a mandatory order requiring the respondent to do, or to refrain from doing, a number of matters. In our view, we are not persuaded that the application judge erred in the exercise of his discretion in allowing the application and dismissing the counter-application.

[2] Accordingly, we would dismiss the appeal with costs fixed in the amount of $5,000 including disbursements and G.S.T.

[3] Further, we would order the appellant’s approval of the order of McIsaac J. and the order of this court be dispensed with.