Court File and Parties
DIVISIONAL COURT FILE NO.: 393/24, 380/24 ML
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: JOANNA ANDERSON, HOMEWOOD HEALTH INC. and CARA VACCARINO, Moving Parties
AND:
EDGEWOOD HEALTH NETWORK INC., BELLWOOD HEALTH SERVICES INC. and GATEWAY RECOVERY CENTRE INC., Responding Parties
BEFORE: Backhouse, D.L. Corbett, Stothart, JJ.
COUNSEL: David W. Levangie and Martine S. W. Garland, for the Moving Party, Joanna Anderson Zohar Levy and Timothy Law, for the Moving Party, Cara Vaccarino Rohit R. Kumar, Kathryn Frelick and Nabiel Dawood, for the Moving Party, Homewood Health Inc. Gavin J. Tighe, Alexander Melfi, Saisha Mahil and Abigail Korbin, for the Responding Parties
HEARD: In-writing
ENDORSEMENT
1The motion for leave to appeal the decision of Black J. dated July 2, 2024 is granted with respect to one issue: whether Justice Black was correct to enlarge the Anton Piller order to include Ms. Vaccarino’s business and phone computer.
2The motions for leave by Ms. Anderson and Ms. Vaccarino on the remaining issues are dismissed.
3We order paragraph 2 to 4 of Justice Black’s July 2, 2024 order is stayed pending the appeal.
4The balance of Justice Black’s order is not stayed.
5Given success has been divided on this leave application, no costs are ordered.
Backhouse J.
D.L. Corbett J.
Stothart J.
Released: September 25, 2024