COURT FILE NO.: 544/08
DATE: 20081128
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
CO-OPERATIVE HOUSING FEDERATION OF CANADA
Plaintiff
- and -
BRIDLEWOOD CO-OPERATIVE INC., SHIRLEY BARTHOLOMEW, DON BORNAIS, BRIAN GARANT, RENE GORISSEN, MARY ANN JARVIS, JEFFREY MCPHERSON, BRIAN RENAUD and UNITED COMMUNITIES CREDIT UNION LIMITED
Defendants
Basil Alexander, for the Plaintiff
Patrick Castagna, for the Defendants
HEARD at Toronto: November 28, 2008
janet wilson J.:
[1] The defendants, Bridlewood et al. seek leave to appeal from the interlocutory order of Stewart J., dated September 29, 2008. Stewart, J. concluded that the plaintiff, Co-Operative Housing Federation of Canada (the Co-op) has standing to participate in this action. She concluded for three reasons that the Co-op should be a party in this proceeding. First, it has a direct interest in the proceeding. Second, and in the alternative, she concludes that the Co-Op should be granted standing on the basis of public interest. Third, and in the final alternative, she concludes that the plaintiff should be added as a party in a representative order.
[2] The defendants’ motion is dismissed. Neither of the two-part tests in s.62.02(4)(a) or (b) for leave to appeal is met. There is no reason to doubt the correctness of Stewart J.’s decision. To the contrary, in my view her decision is correct. She applied the correct legal principles. There is ample evidence to support her findings. There are no conflicting decisions or questions of public interest that should engage a full panel of the Divisional Court.
[3] The parties agree that costs of this leave application should be reserved to the judge hearing the substantive motions.
JANET WILSON J.
Date of Release: December 2, 2008
COURT FILE NO.: 544/08
DATE: 20081128
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
CO-OPERATIVE HOUSING FEDERATION OF CANADA
Plaintiff
- and -
BRIDLEWOOD CO-OPERATIVE INC., SHIRLEY BARTHOLOMEW, DON BORNAIS, BRIAN GARANT, RENE GORISSEN, MARY ANN JARVIS, JEFFREY MCPHERSON, BRIAN RENAUD and UNITED COMMUNITIES CREDIT UNION LIMITED
Defendants
REASONS FOR JUDGMENT
JANET WILSON J.
Date of Release: December 2, 2008