CITATION: H.R. Doornekamp Construction Ltd. v. Attorney General of Canada, 2021 ONSC 4096
DIVISIONAL COURT FILE NO.: 579/19-ML
DATE: 2021/06/07
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: H.R. Doornekamp Construction Ltd., Plaintiff/Responding Party
AND: Attorney General of Canada, Defendant/Moving Party
BEFORE: Sachs, Backhouse and Kurke JJ.
COUNSEL: Jacqueline Dais-Visca, for the Defendant/Moving Party
John Margie and Katherine Thornton, for the Plaintiff/Responding Party
HEARD at Toronto: In writing
ENDORSEMENT
[1] This motion for leave to appeal the order of Pollack J. dated September 25, 2019 is granted on the question of whether the Dispute Resolution Clause (GC8) in the contract between the parties extinguished the Plaintiff’s right to bring a court action such that summary judgment should have been granted dismissing the Plaintiff’s claim against the Defendant. The decision as to the entitlement to costs of this motion, which are fixed at $5000.00, is reserved to the panel hearing the appeal.
Sachs J.
Backhouse J.
Kurke J.
Date: June 7, 2021