CITATION: Univar Canada Ltd. v. Pax-All Manufacturing Inc., 2009 ONCA 341

DATE: 20080428

DOCKET: C49490

COURT OF APPEAL FOR ONTARIO

Winkler C.J.O., MacPherson and MacFarland JJ.A.

BETWEEN:

Univar Canada Ltd.

Plaintiff (Respondent)

and

Pax-All Manufacturing Inc.

Defendant (Appellant)

Leo Klug, for the appellant

Paul Fruitman, for the respondent

Heard: April 27, 2009

On appeal from the judgment of Justice George R. Strathy of the Superior Court of Justice dated September 9, 2008.

APPEAL BOOK ENDORSEMENT

[1] The motion judge’s decision not to grant a stay of the judgment pending the trial of the appellant’s counterclaim was a discretionary order. We see no basis for interfering with it. The motion judge was aware of the governing rule and the leading cases relating to stays and applied them to the facts of this litigation in an appropriate fashion.

[2] The appeal is dismissed. Costs to the respondent fixed at $5500 inclusive of disbursements and G.S.T.