Court of Appeal for Ontario
Before: Rosenberg, Gillese and Lang JJ.A.
Between
Finders Property Inc. and Slobodan Nikolic Plaintiffs (Appellants)
and
Ed Cahsens and Ed Cahsens Holdings Inc. Defendants (Respondents)
Counsel: Jerome H. Stanleigh, for the appellants Charles Wagman and Susan Zakaryan, for the respondents
Heard: October 23, 2012
On appeal from the judgment of Justice Kevin Whitaker of the Superior Court of Justice, dated January 30, 2012.
APPEAL BOOK ENDORSEMENT
1The reasons are not adequate to determine the basis upon which the motions judge determined the Limitations Act issue. We therefore, cannot find whether the limitation period had expired.
2However, this action is misconceived. It had to be brought as a derivative action and no leave was obtained.
3Accordingly, the appeal is dismissed with costs fixed at $4,931.28 inclusive of disbursements and H.S.T.