Court File and Parties

Citation: Roppovalente v. T’Sheal Danis, 2021 ONSC 1219

Divisional Court File No.: CV-20-82646

Date: 2021/02/17

Superior Court of Justice – Ontario

Divisional Court

Re: Robert Roppovalente, Moving Party

And: T’Sheal Danis, Responding Party

Before: Sachs, Lederer and Sheard JJ.

Counsel: Andrew Lister and Cynthia Squire, for the Moving Party Wade Smith and Charlotte S. Watson, for the Responding Party

Heard at Toronto: In writing

Endorsement

[1] This is a motion for leave to appeal the Order of Ryan Bell J. dated September 4, 2020 dismissing the Moving Party’s motion for an order voiding the lease entered into between the Responding Party’s New Co. and the Landlord of the premises rented by the Corporation, BCO. The Moving Party’s motion was brought in the context of an oppression application under the Canada Business Corporations Act, R.S.C. 1985, c. C-44 (the “Act”).

[2] This is a direction to the parties that we wish to hear further submissions on the Divisional Court’s jurisdiction to hear this appeal in light of s. 249 of the Act.

[3] Section 249 of the Act provides as follows:

(1) An appeal lies to the court of appeal of a province from any final order made by a court of that province under the Act.

(2) An appeal lies to the court of appeal of a province from any order other than a final order made by a court of that province, only with leave of the court of appeal in accordance with the rules applied to that court.

[4] If it is the position of a party that s. 249 of the Act does not apply, then we still wish to receive submissions on the question of whether the motion judge’s order was a final as opposed to an interlocutory order. If it was a final order then, pursuant to the Courts of Justice Act, an appeal lies to the Court of Appeal, not to the Divisional Court.

[5] The Moving Party shall make his submissions in writing within 10 days of the receipt of this endorsement; the Responding Party shall have 7 days to respond. The submissions shall be emailed and uploaded to the Caselines platform. The submissions shall not exceed 5 pages in length.

Sachs J.

Lederer J.

Sheard J.

Date: February 17, 2021