Court File and Parties

ONSC 4901

DIVISIONAL COURT FILE NO.: 272/22

DATE: 20220907

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: CAPITAL SPORTS MANAGEMENT INC., Moving Party and TRINITY DEVELOPMENT GROUP INC., 801 ALBERT STREET INC., TIP ALBERT GP INC., TIP ALBERT LIMITED PARTNERSHIP, TRINITY ALBERT LP, G. BIRD HOLDINGS INC. C.O.B. GBA DEVELOPMENT AND PROJECT MANAGEMENT, JOHN RUDDY and GRAHAM BIRD, Responding Parties

AND:

TRINITY DEVELOPMENT GROUP INC., Responding Party and CAPITAL SPORTS MANAGEMENT INC. and EUGENE MELNYK, Moving Party and Defendant by Counterclaim

BEFORE: Matheson, Nishikawa and O’Brien JJ.

COUNSEL: Robert Brush, Alistair Crawley, Clarke Tedesco and Alexandra Grishanova for the moving party Capital Sports Management Inc.

Milton Davis, Ronald D. Davis, Samantha Green and Hailey Abramsky, for the respondents Trinity Albert LP, John Ruddy and Trinity Development Group Inc.

Chris D. Bredt, Laura Wagner and Amitha Carnadin, for the respondents 801 Albert Street Inc., TIP Albert GP Inc. and TIP Albert Limited Partnership

Thomas G. Conway and Kevin Caron, for the respondents G. Bird Holdings Inc. c.o.b. GBA Development and Project Management and Graham Bird

HEARD: In writing

ENDORSEMENT

[1] The motion for leave to appeal the order of Ryan Bell J. dated May 2, 2022 (with an Addendum dated June 10, 2022) is granted in respect of the following issue only:

(a) Having found an implied joint retainer among Capital Sports Management Inc., Trinity Development Group Inc. and Gowling WLG LLP, did the motion judge err in ordering the production of documents after May 2016?

[2] The parties shall request a case conference regarding the scheduling of the appeal.

[3] Costs of the motion for leave to appeal are reserved to the panel hearing the appeal.

Matheson J.

Nishikawa J.

O’Brien J.

Released: September 7, 2022