COURT OF APPEAL FOR ONTARIO

DATE: 20160914

DOCKET: M46848

MacFarland J.A. (In Chambers)

BETWEEN

Ghareeb Awad and Transpacific Petroleum Corp.

Applicants (Moving Party)

and

Dover Investments Limited and Robert Salna and Dover Petroleum Corp.

Respondents (Respondents)

Dr. Ghareeb Awad, acting in person

Howard Wolch, for the respondent

Heard: Via Teleconference – September 12, 2016

ENDORSEMENT

[1] The moving party seeks an extension of time to appeal the order of Dambrot J. pronounced May 10, 2016.

[2] Before Dambrot J., the moving party was seeking an extension of time to appeal the decision of McEwen J. released January 6, 2015. McEwen J. decided three issues that had arisen in an OBCA proceeding that had originated in November, 2003.

[3] The litigation between the parties has a lengthy history. There have been proceedings in this province, in Alberta and in British Columbia concerning certain joint venture agreements relating to various interests in certain oil fields located in Egypt.

[4] The moving party claims that he tried to appeal the order of Dambrot J. in the Divisional Court but was told by the Registrar of that court that: “you cannot appeal the order of a Divisional Court Judge to the Divisional Court”. That advice was contained in a letter dated June 9, 2016 from the Acting Assistant Registrar of the Ontario Superior Court of Justice – Divisional Court. Unfortunately that advice was incorrect but as the result of receiving that advice, the moving party turned his efforts to this court and on August 18, 2016 filed his motion record and factum which were ultimately returnable before me September 12, 2016.

[5] Despite the voluminous materials filed on this motion, it can be dealt with quite summarily.

[6] The Courts of Justice Act provides in section 21(5):

A panel of the Divisional Court may, on motion, set aside or vary the decision of a judge who hears and determines a motion.

[7] In my view, there is no jurisdiction in a single judge of the Court of Appeal to do so. That jurisdiction is reserved to a panel of the Divisional Court.

[8] Further, Rule 61.16(6) provides:

A person who moves to set aside or vary the order of a judge of an appellate court under subsection 7(5) or 21(5) of the Courts of Justice Act shall do so by a notice of motion that is served within four days after the order is made and states that the motion will be heard on a date to be fixed by the Registrar.

[9] The moving party, in any event, did not file his materials in support of his appeal of Justice Dambrot’s order within four days required.

[10] While I have some sympathy for the moving party in view of the incorrect information provided to him by the Acting Assistant Registrar of the Divisional Court, I have no jurisdiction to give him the relief he seeks.

[11] The motion is dismissed but in the circumstances without costs.

“J. MacFarland J.A.”