Court of Appeal for Ontario

Citation: Van Ginkel v. QGX Ltd., 2010 ONCA 317

Date: 20100430

Docket: C51339

Before: Doherty, Simmons and Epstein JJ.A.

Between:

Edward Van Ginkel

Applicant (Appellant)

and

QGX Ltd., Kerry Holdings Ltd., Mongolia Holdings Corp. and MCS Holdings LLC

Respondents (Respondents)

Counsel:

Ronald G. Slaght, Q.C. and Jamie Spotswood, for the appellant

Wendy Berman and Leila Wright, for the respondents

Heard: April 27, 2010

On appeal from the order of Justice H.J. Wilton-Siegel of the Superior Court of Justice dated November 1, 2009.

APPEAL BOOK ENDORSEMENT

[1] Despite Mr. Slaght’s able argument, we cannot accept his submissions. Sections 8 and 2 of the Agreement must be read together to understand their interrelationship. The application judge did that at paras. 45-47. We agree with the analysis in those paragraphs. In our view, the reasoning in those principles is sufficient to dispose of the interpretative issue in favour of the respondents.

[2] The appeal is dismissed. If the parties cannot agree on costs, they may file written submissions.