Sickinger v. Krek et al., 2016 ONCA 459

JudgeHoy, A.C.J.O., Blair and Roberts, JJ.A.
CourtCourt of Appeal (Ontario)
Case DateApril 22, 2016
JurisdictionOntario
Citations2016 ONCA 459;(2016), 350 O.A.C. 210 (CA)

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.

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19 practice notes
  • Court Of Appeal Summaries (August 15 ' 19, 2022)
    • Canada
    • Mondaq Canada
    • August 22, 2022
    ...371 Short Civil Decisions Mugizi v. Ngo,, 2022 ONCA 595 Keywords: Torts, MVA, Civil Procedure, Dismissal for Delay, Sickinger v. Krek, 2016 ONCA 459 Blackwell v. Genier, 2022 ONCA 599 Keywords: Civil Procedure, Costs Beaudoin v. Beaulieu, 2022 ONCA 598 Keywords: Family Law, Spousal Support,......
  • Nanak Homes Inc. v. Arora et al. and Nanak Homes Inc. v. Kamco et al., 2019 ONSC 6654
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 20, 2019
    ...its progress and must move the litigation forward: Wellwood v. Ontario Provincial Police, 2010 ONCA 386, at para. 48; Sickinger v. Krek, 2016 ONCA 459, at para 54, citing Wallace v. Crate's Marine Sales Ltd., 2014 ONCA 671, at para. [34] The case of Hiscock v. Pasher, 2008 NSSC 36, discusse......
  • Smith v. Armstrong et al, 2018 ONSC 2435
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 17, 2018
    ...24.01(1) were set out by the Ontario Court of Appeal in Langenecker v. Sauve, 2011 ONCA 80 and summarized nicely in Sickinger v. Krek, 2016 ONCA 459: [29] The principles that apply on a motion to dismiss an action for delay were set out by this court in Langenecker v. Sauve, 2011 ONCA 803, ......
  • Orenchuk v. Dean,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • August 3, 2022
    ...failings, and then reviewed decisions of our Court of Appeal, (i.e., Langenecker v. Sauvé, 2011 ONCA 803 and Sickinger v. Krek, 2016 ONCA 459), providing further guidance in that regard.  At the risk of over-simplification, those authorities indicated and emphasized that the autho......
  • Request a trial to view additional results
17 cases
  • Nanak Homes Inc. v. Arora et al. and Nanak Homes Inc. v. Kamco et al., 2019 ONSC 6654
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 20, 2019
    ...its progress and must move the litigation forward: Wellwood v. Ontario Provincial Police, 2010 ONCA 386, at para. 48; Sickinger v. Krek, 2016 ONCA 459, at para 54, citing Wallace v. Crate's Marine Sales Ltd., 2014 ONCA 671, at para. [34] The case of Hiscock v. Pasher, 2008 NSSC 36, discusse......
  • Orenchuk v. Dean,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • August 3, 2022
    ...failings, and then reviewed decisions of our Court of Appeal, (i.e., Langenecker v. Sauvé, 2011 ONCA 803 and Sickinger v. Krek, 2016 ONCA 459), providing further guidance in that regard.  At the risk of over-simplification, those authorities indicated and emphasized that the autho......
  • Wawanesa Mutual Insurance Company v. Marta,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • January 27, 2023
    ...it may continue an action that began before it was dissolved: Business Corporations Act, R.S.O. 1990, c B.16, s. 242; Sickinger v. Krek, 2016 ONCA 459, 132 O.R. (3d) [20]           However, rule 21.01(3)(b) is not to be used to assess the me......
  • Algoma District School Board v. Algoma Insurance Brokers Ltd., 2018 ONSC 7414
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 12, 2018
    ...reaching that conclusion. [52] Counsel provided me with two decisions of interest relative to this issue. The first is Sickinger v. Krek, 2016 ONCA 459, which dealt with dismissal for delay of a third party action when a similar motion in the main action had been dismissed. In that case, th......
  • Request a trial to view additional results
2 firm's commentaries
  • Court Of Appeal Summaries (August 15 ' 19, 2022)
    • Canada
    • Mondaq Canada
    • August 22, 2022
    ...371 Short Civil Decisions Mugizi v. Ngo,, 2022 ONCA 595 Keywords: Torts, MVA, Civil Procedure, Dismissal for Delay, Sickinger v. Krek, 2016 ONCA 459 Blackwell v. Genier, 2022 ONCA 599 Keywords: Civil Procedure, Costs Beaudoin v. Beaulieu, 2022 ONCA 598 Keywords: Family Law, Spousal Support,......
  • Court Of Appeal Summaries (June 13 – 17)
    • Canada
    • Mondaq Canada
    • June 28, 2016
    ...alleged violation of the statute would give rise to a violation of the provisions of the collective agreement. Sickinger v. Krek, 2016 ONCA 459 [Hoy A.C.J.O., Blair and Roberts Counsel: D. March, for the appellants D. J. Dacquisto and J. B. Tausenfreund, for the respondent Keywords: Civil P......

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