Kimvar Enterprises Inc. v. Nextnine Limited
The Quit Claim deed was clear and unambiguous and its plain meaning determined the parties' rights without resort to other referable documents; therefore the appeal against the application judge’s interpretation was dismissed and leave to appeal the costs order was denied.
Source-derived case information.
- Citation
- 2010 ONCA 792
- Parties
- Applicant (respondent in Appeal): Kimvar Enterprises Inc.; Respondent (appellant): Nextnine Limited
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 22 November 2010
- Procedural Posture
- Civil Appeal / Appeal From Superior Court Judgment (gilmore J., Nov 12, 2009); Court of Appeal Hearing Nov 18, 2010; Decision Nov 19, 2010; Leave to Appeal Costs Application Considered
- Outcome
- Appeal dismissed; leave to appeal costs denied; costs of the appeal fixed at $30,000 to the respondent inclusive of disbursements and taxes.
- Legal Topics
- Quit Claim Deed Interpretation, Costs, Leave to Appeal
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kimvar Enterprises Inc.
Applicant (respondent in Appeal)
Nextnine Limited
Respondent (appellant)
Procedural Posture
Civil Appeal / Appeal From Superior Court Judgment (gilmore J., Nov 12, 2009); Court of Appeal Hearing Nov 18, 2010; Decision Nov 19, 2010; Leave to Appeal Costs Application Considered
Legal Issues
- 1 Whether the Quit Claim deed was ambiguous and required reference to other documents
- 2 Whether the application judge erred in interpreting the Quit Claim deed
- 3 Whether leave to appeal the costs order should be granted
Ratio Decidendi
The Quit Claim deed was clear and unambiguous and its plain meaning determined the parties' rights without resort to other referable documents; therefore the appeal against the application judge’s interpretation was dismissed and leave to appeal the costs order was denied.
Court Disposition
Appeal dismissed; leave to appeal costs denied; costs of the appeal fixed at $30,000 to the respondent inclusive of disbursements and taxes.
Orders
- Appeal dismissed.
- Leave to appeal costs denied.
Full Case Text
Judgment text and source record
1 paragraphs
Kimvar Enterprises Inc. v. Nextnine Limited Collection Decisions of the Court of Appeal Date 2010-11-22 Neutral citation 2010 ONCA 792 Docket numbers C51410 Judges Doherty, David H.; Watt, David; Epstein, Gloria Jean Subject Civil Decision Content CITATION: Kimvar Enterprises Inc. v. Nextnine Limited, 2010 ONCA 792 DATE: 20101119 DOCKET: C51410 COURT OF APPEAL FOR ONTARIO Doherty, Watt and Epstein JJ.A. BETWEEN Kimvar Enterprises Inc. Applicant (Respondent in Appeal) and Nextnine Limited Respondent (Appellant) AND BETWEEN C51411 Nextnine Limited Applicant (Appellant) and Kimvar Enterprises Inc. Respondent (Respondent in Appeal) Jonathan F. Lancaster and Vaso Maric, for the appellant Michael Miller and Michael Arbutina, for the respondent Heard: November 18, 2010 On appeal from the judgment of Justice Gilmore of the Superior Court of Justice, dated November 12, 2009. APPEAL BOOK ENDORSEMENT [1] We appreciate the able submissions of counsel for the appellant. However, we see no error in the application judge’s holding that the Quit Claim deed was clear, unambiguous and determinative (paras. 69-80). We do not agree that the meaning of the Quit Claim could be determined only by reference to other documents referable to the property and the right of way. [2] The judge’s conclusion in the meaning and effect of the Quit Claim deed, with which we agree, renders it unnecessary to address the other ground of appeal. [3] The appeal is dismissed. [4] The appellant applies for leave to appeal the costs order. The costs are substantial. However, the application judge gave careful and detailed reasons for her award. We see no basis to grant leave to appeal. Leave to appeal is dismissed. [5] Costs of the appeal to the respondent fixed at $30,000, inclusive of disbursements and all applicable taxes.