Court File and Parties
Court File No.: CV-16-557571 Date: 20161006 Superior Court of Justice - Ontario
Between: Troncanada & Associates, Juan Troncoso, Mguel Horacio Miranda Suarez, and Miranda & Troncoso Asociados, Applicants
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B2Gold Corporation, Central Sun Mining Inc., Triton Minera S.A., Clive Thomas Johnson, Peter Tagliamonte, Pablo Venturo, and Goodmans LP, Respondents
Before: G. Dow, J.
Read: October 6, 2016
Endorsement
[1] This matter was referred to me by the registrar’s office pursuant to Rule 2.1.01(7) of the Rules of Civil Procedure following receipt of a written request from counsel for the respondents under Rule 2.1.01(6).
[2] The letter requesting an order under Rule 2.1.01 appears to have been copied to the applicants. The letter of request accurately refers to the Endorsement of Justice Matheson dated August 17, 2016 in a related action, CV-14-509180 and not this application. I have ascertained the concern that Justice Matheson may not have been provided with this Notice of Application is correct.
[3] This application seeks a variety of legal remedies that appear to arise from matters raised in action CV-14-509180. Further, there is no indication that the issues raised in action CV-14-509180 have been finally determined. However, there may be a portion of the application which may raise an independent cause of action. Rule 2.1 is for obvious cases and I am not satisfied that this application, in its entirety, is frivolous, vexatious or an abuse of process. As a result, I do not see it as productive to proceed under Rule 2.1.
[4] This does not mean that the application will be successful. The respondents remain entitled to seek dismissal of this application as against them (which may occur where I understand this application is returnable on October 17) and there are other rules in the Rules of Civil Procedure that are available for this purpose.
[5] I therefore decline to direct the registrar to send a notice to the applicants in Form 2.1A. I encourage the applicants to seek legal advice.
Mr. Justice G. Dow Released: October 6, 2016