Accurate Railroad Construction Limited v. Sierra Infrastructure Inc., 2024 ONSC 4798

CITATION: Accurate Railroad Construction Limited v. Sierra Infrastructure Inc., 2024 ONSC 4798

DIVISIONAL COURT FILE NO.: 310/24 ML

DATE: 20240903

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: ACCURATE RAILROAD CONSTRUCTION LIMITED, Moving Party

AND:

SIERRA INFRASTRUCTURE INC., Responding Party

BEFORE: Sachs, Myers, Shore JJ.

COUNSEL: Jay Nathwani, for the Moving Party

Robert J. Kennaley, for the Responding Party

HEARD: In writing

ENDORSEMENT

[1] The motion for leave to bring an application for judicial review to set aside part of the Adjudicator Chad Kopach’s determination (the “Determination”) dated May 15, 2024 is dismissed. In the absence of a Costs Outline there shall be no order as to costs. The monies deposited with the Court pursuant to the Order of Myers J. shall be paid out to Sierra Infrastructure Inc. (inclusive of interest) and the stay against the enforcement of the Determination is lifted.

Sachs J.

Myers J.

Shore J.

Released: September 23, 2024