Longyear Canada v. 897173 Ontario Inc.
The Court allowed the appeal on consent and granted the order in accordance with the draft order filed and approved.
Source-derived case information.
- Citation
- 2009 ONCA 266
- Parties
- Appellant: Longyear Canada, ULC (formerly Boart Longyear Inc.); Appellant: Boart Longyear Alberta Limited (carrying on business in partnership as Boart Longyear Canada); Appellant: Boart Longyear International Holdings, Inc.; Respondent: 897173 Ontario Inc. (carrying on business as J.N. Precise); Respondent: Joseph Michael Guido; Respondent: Kenneth John Perrin; Respondent: Steven Hans Boesche; Respondent: Donald Daniel Cappadocia; Respondent: Sandvik Mining and Construction Canada Inc.; Respondent: Sandvik Mining and Construction AB; Respondent: Sandvik AB
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 27 March 2009
- Procedural Posture
- Civil / Appeal
- Outcome
- Appeal allowed on consent
- Legal Topics
- Collection, Appeal, Consent Order, Court Endorsement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Longyear Canada, ULC (formerly Boart Longyear Inc.)
Appellant
Boart Longyear Alberta Limited (carrying on business in partnership as Boart Longyear Canada)
Appellant
Boart Longyear International Holdings, Inc.
Appellant
897173 Ontario Inc. (carrying on business as J.N. Precise)
Respondent
Joseph Michael Guido
Respondent
Kenneth John Perrin
Respondent
Steven Hans Boesche
Respondent
Donald Daniel Cappadocia
Respondent
Sandvik Mining and Construction Canada Inc.
Respondent
Sandvik Mining and Construction AB
Respondent
Sandvik AB
Respondent
Procedural Posture
Civil / Appeal
Legal Issues
- 1 Whether the appeal should be allowed by consent and an order granted in terms of the draft consent order
Ratio Decidendi
The Court allowed the appeal on consent and granted the order in accordance with the draft order filed and approved.
Court Disposition
Appeal allowed on consent
Orders
- Appeal allowed and order to go in accordance with the draft order filed and approved (endorsement dated March 25, 2009).
Full Case Text
Judgment text and source record
1 paragraphs
Longyear Canada v. 897173 Ontario Inc. Collection Decisions of the Court of Appeal Date 2009-03-27 Neutral citation 2009 ONCA 266 Docket numbers C48776 Judges Doherty, David H.; MacPherson, James C.; MacFarland, Jean Louise Subject Civil Decision Content CITATION: Longyear Canada v. 897173 Ontario Inc., 2009 ONCA 266 DATE: 20090325 DOCKET: C48776 COURT OF APPEAL FOR ONTARIO Doherty, MacPherson and MacFarland JJ.A. BETWEEN: Longyear Canada , ULC (formerly Boart Longyear Inc.) and Boart Longyear Alberta Limited carrying on business in partnership as Boart Longyear Canada , and Boart Longyear International Holdings, Inc. Plaintiffs (Appellants) and 897173 Ontario Inc., carrying on business as J.N. Precise, Joseph Michael Guido, Kenneth John Perrin, Steven Hans Boesche, Donald Daniel Cappadocia, Sandvik Mining and Construction Canada Inc., Sandvik Mining and Construction AB, and Sandvik AB Defendants (Respondents) R.S. Harrison, for the appellants, Longyear Canada et al . Eliot Kolers, for the respondents, Sandvik Mining Canada Heard: March 16, 2009 On appeal from the order of Justice Conway of the Superior Court of Justice dated April 30, 2008. APPEAL BOOK ENDORSEMENT [1] On consent, the appeal is allowed and an order to go per draft order filed and approved.