Shell Canada Products v. Khalsa Petroleum Inc.

Shell Canada Products v. Khalsa Petroleum Inc.

The Court of Appeal dismissed the appeal, concluding that the motion judge correctly determined that summary judgment was appropriate because there were no genuine issues for trial and that the motion judge's reasons were cogent and dispositive.

Citation
C40902
Parties
Plaintiff/respondent: Shell Canada Products; Defendant/appellant: Khalsa Petroleum Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
25 May 2004
Procedural Posture
Collection / Appeal From Superior Court of Justice (motion for Summary Judgment)
Outcome
Appeal dismissed
Legal Topics
Collection, Summary Judgment, Costs, Appeal
Source Language
English
Civil Collection Summary Judgment Costs Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Shell Canada Products

Plaintiff/respondent

Khalsa Petroleum Inc.

Defendant/appellant

Procedural Posture

Collection / Appeal From Superior Court of Justice (motion for Summary Judgment)

Legal Issues

  1. 1 Whether summary judgment was appropriate
  2. 2 Whether there were genuine issues requiring a trial
  3. 3 Whether costs should be awarded to the respondent

Ratio Decidendi

The Court of Appeal dismissed the appeal, concluding that the motion judge correctly determined that summary judgment was appropriate because there were no genuine issues for trial and that the motion judge's reasons were cogent and dispositive.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; costs to the respondent, all in the amount of $8,000.00.