Court of Appeal for Ontario
Date: 2018-10-18 Docket: M49715 (C59583)
Panel: Hoy A.C.J.O., Sharpe and Fairburn JJ.A.
Between
Birchland Plywood-Veneer Limited Respondent (Respondent by Appeal)
and
Activa Trading Co. Ltd. and MLS Machinery Incorporated Respondents (Appellants by Appeal)
and
Peter Sommer, acting in person
Counsel
Peter Sommer, acting in person
Terry Corsianos, for the respondents Activa Trading Co. Ltd. and MLS Machinery Incorporated
Dhiren R. Chohan, for the respondent Birchland Plywood-Veneer Limited
Heard and released orally: October 18, 2018
Reasons for Decision
[1] Mr. Sommer seeks an order setting aside the order of Doherty J.A. dismissing his motion for leave to intervene in this proceeding as an added party pursuant to r. 13.03(1) of the Rules of Civil Procedure R.R.O. 1990, Reg 194, and an order granting him leave to intervene as an added party.
[2] Mr. Sommer wishes to adduce evidence in this proceeding, which he says is important and has not been put before the courts in the course of the many years over which this litigation has unfolded. Mr. Sommer characterizes himself as the effective alter ego of the appellants and admits he has been closely involved in the litigation.
[3] In dismissing Mr. Sommer's motion, Doherty J.A. noted that Mr. Sommer had unsuccessfully applied to be allowed to represent the appellants and that the appellants are now represented by counsel. Doherty J.A. further stated that the arguments that Mr. Sommer seeks to make are all arguments that are more properly made by the appellants through counsel. Doherty J.A. found that Mr. Sommer had satisfied none of the threshold criteria in r. 13.03(1) for being granted leave to intervene as an added party.
[4] We agree with Doherty J.A. that Mr. Sommer has not satisfied the threshold criteria in r. 13.03(1). The fact that the motion judge below made an adverse credibility finding against Mr. Sommer, the fact that Mr. Sommer has a financial interest in the appellants, and that fact that he is, in his own words, "in the best position to provide evidence on the issues before the court" do not satisfy the criteria in r. 13.03(1).
[5] Accordingly, this motion is dismissed.
"Alexandra Hoy A.C.J.O."
"Robert J. Sharpe J.A."
"Fairburn J.A."