NOV Downhole Eurasia Limited v. TLL Oil Field Consulting
The Court was not persuaded there was any basis to interfere with the Judge’s discretionary decision setting aside the Prothonotary’s order to strike the specified paragraphs and words; accordingly the appeal was dismissed.
Source-derived case information.
- Citation
- 2015 FCA 106
- Parties
- Appellant: NOV Downhole Eurasia Limited; Appellant: Dreco Energy Services ULC; Respondent: TLL Oilfield Consulting Ltd.; Respondent: Acura Machine Inc.
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 23 April 2015
- Procedural Posture
- Appeal / Judgment (decision on Appeal)
- Outcome
- Appeal dismissed
- Legal Topics
- Striking Pleadings, Amendment of Pleadings, Prothonotary Procedure, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
NOV Downhole Eurasia Limited
Appellant
Dreco Energy Services ULC
Appellant
TLL Oilfield Consulting Ltd.
Respondent
Acura Machine Inc.
Respondent
Procedural Posture
Appeal / Judgment (decision on Appeal)
Legal Issues
- 1 Whether the Judge erred in setting aside the Prothonotary’s decision to strike paragraphs 25–27 and the words "and/or void" in paragraph 31 of the Respondents’ Amended Statement of Defence and Counterclaim
- 2 Whether the appellate court should interfere with the Judge’s discretionary decision on an interlocutory pleading matter
Ratio Decidendi
The Court was not persuaded there was any basis to interfere with the Judge’s discretionary decision setting aside the Prothonotary’s order to strike the specified paragraphs and words; accordingly the appeal was dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
NOV Downhole Eurasia Limited v. TLL Oil Field Consulting Court (s) Database Federal Court of Appeal Decisions Date 2015-04-23 Neutral citation 2015 FCA 106 File numbers A-411-14 Decision Content Date: 20150423 Docket: A-411-14 Citation: 2015 FCA 106 CORAM: NADON J.A. DAWSON J.A. BOIVIN J.A. BETWEEN: NOV DOWNHOLE EURASIA LIMITED AND DRECO ENERGY SERVICES ULC Appellants and TLL OILFIELD CONSULTING LTD. AND ACURA MACHINE INC. Respondents Heard at Toronto, Ontario, on April 23, 2015. Judgment delivered from the Bench at Toronto, Ontario, on April 23, 2015. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20150423 Docket: A-411-14 Citation: 2015 FCA 106 CORAM: NADON J.A. DAWSON J.A. BOIVIN J.A. BETWEEN: NOV DOWNHOLE EURASIA LIMITED AND DRECO ENERGY SERVICES ULC Appellants and TLL OILFIELD CONSULTING LTD. AND ACURA MACHINE INC. Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on April 23, 2015). NADON J.A. [1] We have not been persuaded that we ought to interfere with the Judge’s decision setting aside the Prothonotary’s decision to strike paragraphs 25 to 27 and the words “and/or void” in paragraph 31 of the Respondents’ Amended Statement of Defence and Counterclaim. [2] The appeal will therefore be dismissed with costs. “M. Nadon” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD Docket: A-411-14 STYLE OF CAUSE: NOV DOWNHOLE EURASIA LIMITED AND DRECO ENERGY SERVICES ULC v. TLL OILFIELD CONSULTING LTD. AND ACURA MACHINE INC. PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: April 23, 2015 REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. DAWSON J.A. BOIVIN J.A. DELIVERED FROM THE BENCH BY: NADON J.A. APPEARANCES: Christopher J. Kvas William D. Regan For The Appellants Bruce W. Stratton Nikolas S. Purcell For The Respondents SOLICITORS OF RECORD: PIASETZKI NENNIGER KVAS LLP Barristers & Solicitors Toronto, Ontario For The Appellants DIMOCK STRATTON LLP Toronto, Ontario For The Respondents