Court of Appeal for Ontario

Citation: Finders Property Inc. v. Cahsens, 2012 ONCA 713

Date: 20121024

Docket: C55081

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

[1] The 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.

[2] However, this action is misconceived. It had to be brought as a derivative action and no leave was obtained.

[3] Accordingly, the appeal is dismissed with costs fixed at $4,931.28 inclusive of disbursements and H.S.T.