DIVISIONAL COURT FILE NO.: 205/17 DATE: 20170928
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
MARROCCO A.C.J.S.C., SWINTON and DiTOMASO JJ.
BETWEEN:
PINGBO ZHAO
Gregory M. Sidlofsky, for the Applicant (Appellant)
Applicant (Appellant)
– and –
51.CA INC., 294467 ONTARIO INC., 2258797 ONTARIO INC. and 51 WEEKLY INC.
Igor Ellyn, for the Respondents (Respondents)
Respondents (Respondents)
HEARD at Toronto: September 28, 2017
SWINTON J. (Orally)
[1]
Background
The appellant brought an application for production, at the respondents’ expense, of a wide range of corporate documents, including financial statements. The application was dismissed by Wilton Siegel J.
2The appellant has now narrowed his position substantially on appeal, conceding he is not a shareholder of one company, 51 Weekly Inc., and seeking only an order for production of financial statements of the three other corporations, on the basis he is at least a 15% shareholder.
[3]
Analysis
The application judge reasonably held that the relief sought by the appellant is premature in light of the potential result in the pending appeal of the application judge’s earlier decision respecting these parties, and his conclusion that there was no demonstrated prejudice to the appellant. We can find no error of law and no palpable and overriding error of fact in his decision and accordingly, we decline to interfere with his order.
[4]
Disposition
Therefore, the appeal is dismissed. Costs to the respondents are fixed at $7,000 plus HST, an amount agreed upon by the parties.
___________________________ SWINTON J.
I agree
MARROCCO A.C.J.S.C.
I agree
DiTOMASO J.
Date of Reasons for Judgment: September 28, 2017
Date of Release: October 2, 2017
CITATION: Zhao v. 51.CA Inc., 2017 ONSC 5801
DIVISIONAL COURT FILE NO.: 205/17 DATE: 20170928
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
MARROCCO A.C.J.S.C., SWINTON and DiTOMASO JJ.
BETWEEN:
PINGBO ZHAO
Applicant (Appellant)
– and –
51.CA INC., 294467 ONTARIO INC., 2258797 ONTARIO INC. and 51 WEEKLY INC.
Respondents (Respondents)
ORAL REASONS FOR JUDGMENT
SWINTON J.
Date of Reasons for Judgment: September 28, 2017
Date of Release: October 2, 2017