Court of Appeal for Ontario

Date: 2019-04-30 Docket: M49730 (C60918)

Panel: Doherty, Rouleau and Zarnett JJ.A.

Between

Kossay El-Khodr Plaintiff (Respondent)

and

Raymond C. Lackie, John McPhail, ATS Andlauer Transportation Services GP Inc., and Trailcon Leasing Inc. Defendants (Appellants)

Counsel

B.A. Percival, Q.C., for the appellants

Joseph Y. Obagi, for the respondents

Heard: In-writing

Reasons for Decision

[1] We have reviewed the materials and arguments of the parties.

[2] In our view, the order sought by the appellants cannot properly be characterized as an order under r. 59.06(1)(c) to carry this court's order of September 19, 2017 into operation.

[3] We view the dispute underlying the motion as arising out of the terms of the Minutes of Settlement, as applied to the circumstances which include the wording of this court's order.

[4] That dispute, essentially one of contractual interpretation, is properly resolved by a proceeding in the Superior Court of Justice in which the rights of the parties under the agreement reflected in the Minutes of Settlement can be resolved.

[5] The motion is dismissed. Costs are awarded to the respondents, fixed in the amount of $2,000, inclusive of taxes and disbursements.

"Doherty J.A."

"Paul Rouleau J.A."

"B. Zarnett J.A."