Sickinger v. Krek et al.

• Jurisdiction: Ontario
• Judge: Hoy, A.C.J.O., Blair and Roberts, JJ.A.
• Court: Court of Appeal (Ontario)
• Citation: 2016 ONCA 459,(2016), 350 O.A.C. 210 (CA)
• Date: 22 April 2016

Sickinger v. Krek (2016), 350 O.A.C. 210 (CA)

MLB headnote and full text

Temp. Cite: [2016] O.A.C. TBEd. JN.016

Thomas Sickinger and Ingeborg Sickinger (plaintiffs) v. Alex G. Krek and Dieter Hubert Knoppke (defendants/ appellant ) and 585043 Ontario Limited carrying on business as B.T. Petroleums (third party/respondent)

(C60786; 2016 ONCA 459)

Indexed As: Sickinger v. Krek et al.

Ontario Court of Appeal

Hoy, A.C.J.O., Blair and Roberts, JJ.A.

June 13, 2016.

Summary:

The plaintiffs commenced an action against the defendants for damages arising from an oil spill. One of the defendants, Krek, commenced a third party claim against B.T. Petroleums for contribution and indemnity for damages claimed against him by the plaintiffs in the main action. The third party claim was commenced on January 31, 2001, and pleadings closed in June 2004. Both the main action and the third party claim remained unresolved. The third party, B.T. Petroleums, moved to dismiss the third party claim for delay.

The Ontario Superior Court (motions judge) granted the motion and dismissed the third party claim. Krek appealed, arguing that the motions judge erred in concluding that B.T. Petroleums, a dissolved corporation, had the capacity to bring its motion to dismiss and that the third party claim should be dismissed for delay.

The Ontario Court of Appeal dismissed the appeal. The third party had standing to bring the motion to dismiss. There was no requirement that the dissolved corporation be revived before it could bring the motion. There was no basis to disturb the motions judge's conclusions on the delay issue.

Company Law - Topic 9225

Dissolution or surrender or forfeiture of charter - Continuance of corporate status after dissolution - For purpose of prosecuting or defending suits - See paragraphs 6 to 28.

Practice - Topic 5360

Dismissal of action - Grounds - General and want of prosecution - Delay - See paragraphs 29 to 57.

Counsel:

Darrell March, for the appellant;

Donald J. Dacquisto and James B. Tausendfreund, for the respondent.

This appeal was heard on April 22, 2016, before Hoy, A.C.J.O., Blair and Roberts, JJ.A., of the Ontario Court of Appeal. The following decision was delivered by the court on June 13, 2016.