Valon Kone Brunette Ltd. v. Realsearch Inc.
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Valon Kone Brunette Ltd. v. Realsearch Inc. Court (s) Database Federal Court of Appeal Decisions Date 2009-11-12 Neutral citation 2009 FCA 327 File numbers A-103-09 Decision Content Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20091112 Docket: A-103-09 Citation: 2009 FCA 327 CORAM: NADON J.A. PELLETIER J.A. TRUDEL J.A. BETWEEN: VALON KONE BRUNETTE LTD. and BDR MACHINERY LTD. Appellants and REALSEARCH INC. and DINGWELL’S MACHINERY & SUPPLY LTD. Respondents Heard at Toronto, Ontario, on November 12, 2009. Judgment delivered from the Bench at Toronto, Ontario, on November 12, 2009. REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A. Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20091112 Docket: A-103-09 Citation: 2009 FCA 327 CORAM: NADON J.A. PELLETIER J.A. TRUDEL J.A. BETWEEN: VALON KONE BRUNETTE LTD. and BDR MACHINERY LTD. Appellants and REALSEARCH INC. and DINGWELL’S MACHINERY & SUPPLY LTD. Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on November 12, 2009) PELLETIER J.A._ [1] We are all of the view that the appellants have not met the burden of showing that the order under appeal is the product of “the clearest case of the misuse of judicial discretion” as was said in L’Hirondelle v. Canada, 2001 FCA 399 at paragraph 4. [2] There was evidence to support the judge’s conclusion that Realsearch Inc. had assets available to satisfy the amount of costs claimed. We are also satisfied that the judge did not…
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Valon Kone Brunette Ltd. v. Realsearch Inc. Court (s) Database Federal Court of Appeal Decisions Date 2009-11-12 Neutral citation 2009 FCA 327 File numbers A-103-09 Decision Content Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20091112 Docket: A-103-09 Citation: 2009 FCA 327 CORAM: NADON J.A. PELLETIER J.A. TRUDEL J.A. BETWEEN: VALON KONE BRUNETTE LTD. and BDR MACHINERY LTD. Appellants and REALSEARCH INC. and DINGWELL’S MACHINERY & SUPPLY LTD. Respondents Heard at Toronto, Ontario, on November 12, 2009. Judgment delivered from the Bench at Toronto, Ontario, on November 12, 2009. REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A. Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20091112 Docket: A-103-09 Citation: 2009 FCA 327 CORAM: NADON J.A. PELLETIER J.A. TRUDEL J.A. BETWEEN: VALON KONE BRUNETTE LTD. and BDR MACHINERY LTD. Appellants and REALSEARCH INC. and DINGWELL’S MACHINERY & SUPPLY LTD. Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on November 12, 2009) PELLETIER J.A._ [1] We are all of the view that the appellants have not met the burden of showing that the order under appeal is the product of “the clearest case of the misuse of judicial discretion” as was said in L’Hirondelle v. Canada, 2001 FCA 399 at paragraph 4. [2] There was evidence to support the judge’s conclusion that Realsearch Inc. had assets available to satisfy the amount of costs claimed. We are also satisfied that the judge did not take into account any assets owned by Dingwall’s Machinery and Supply Ltd. [3] As a result, there is no basis for our intervention. The appeal should be dismissed with costs. “J.D. Denis Pelletier” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-103-09 (APPEAL FROM AN AMENDED ORDER OF THE HONOURABLE MR. JUSTICE SIMON NOËL DATED FEBRUARY 16, 2009, DOCKET NO. T-1300-02) STYLE OF CAUSE: VALON KONE BRUNETTE LTD. and BDR MACHINERY LTD. v. REALSEARCH INC. and DINGWELL’S MACHINERY & SUPPLY LTD. PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: November 12, 2009 REASONS FOR JUDGMENT OF THE COURT BY: (NADON, PELLETIER & TRUDEL JJ.A.) DELIVERED FROM THE BENCH BY: PELLETIER J.A. APPEARANCES: Michael Crinson/Geoffrey Mowatt FOR THE APPELLANTS David W. Aitken FOR THE RESPONDENTS SOLICITORS OF RECORD: Dimock Stratton LLP Toronto, Ontario FOR THE APPELLANTS Osler, Hoskin & Harcourt LLP Ottawa, Ontario FOR THE RESPONDENTS
Source: decisions.fca-caf.gc.ca