Court File and Parties

CITATION: Binscarth Holdings LP. v. Anthony, 2022 ONSC 5526

DIVISIONAL COURT FILE NO.: 347/22 - ML

DATE: 20221014

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: BINSCARTH HOLDINGS LP, TORONTO WEST MEDICAL CENTRE INC., CREDIT VALLEY PROFESSIONAL BUILDING INC., 2794071 ONTARIO INC. and 1995 BILLY MITCHELL BLVD. INC., Plaintiffs (Responding Parties)

AND:

GRANT ANTHONY, BINSCARTH HOLDINGS GP INC., 1862438 ONTARIO INC., 975393 ONTARIO INC. and LAURA COLLIGAN, Defendants (Moving Parties)

BEFORE: McWatt A.C.J.S.C., Swinton and J. McCarthy JJ.

COUNSEL: Scott C. Hutchison, Daniella Murynka, Eric Brousseau and Gordon Vance, for the Moving Parties, Grant Anthony, Binscarth Holdings GP Inc.

Mark Wainberg, for the Responding Parties, Glen Anthony, Greg Anthony, Gary Anthony, Anne Anthony, John Anthony, and Guy Anthony

HEARD: in writing

Endorsement

[1] The motion for leave to appeal the order of Steele J., dated June 8, 2022, 2022 ONSC 3426, is granted. The question to be answered on the appeal is: Is it legally possible for some limited partners to bring a common law derivative action on half of a limited partnership against a general partner?

[2] Costs of the motion for leave are fixed at $5000 payable in the discretion of the panel hearing the appeal.

McWatt A.C.J.S.C.

Swinton J.

J. McCarthy J.

Released: October 14, 2022