Court File and Parties
CITATION: Akumin Inc. v. Terry Longair Professional Corporation, 2024 ONSC 5810
DIVISIONAL COURT FILE NO.: 408/24 ML
DATE: 20241025
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: AKUMIN INC., RIADH ZINE-EL-ABIDINE, MOHAMMAD SALEEM, THOMAS DAVIES, STAN DUNFORD, MURRAY LEE, JAMES WEBB and ERNST & YOUNG LLP, Moving Parties (Defendants)
AND:
TERRY LONGAIR PROFESSIONAL CORPORATION, Responding Party (Plaintiff)
BEFORE: D.L. Corbett, Lococo, Kurke JJ.
COUNSEL: Eliot N. Kolers and Daniel S. Murdoch for the Moving Parties
Dimitri Lascaris, Serge Kalloghlian, Garth Myers and Paul Guy, for the Responding Party
HEARD: In-writing
ENDORSEMENT
[1] The motion for leave to appeal the decision of Akbarali J. dated June 26, 2024 (2024 ONSC 3675), granting leave to commence an action under s. 138.8 of the Securities Act, is granted, with costs fixed at $20,000, inclusive, payable in the discretion of the appeal panel, in respect to the following questions:
(a) did the motions judge err, in para. 64 of the impugned decision, in holding that the Court of Appeal erred in Badesha v. Cronos Group Inc., 2022 ONCA 663?
(b) if the answer to (a) is yes, does this error render the decision unsafe to grant leave to commence an action under s. 138.8 of the Securities Act?
(c) if the answer to (a) and (b) are yes, what is the appropriate remedy?
[2] The parties shall schedule a case management conference with D.L. Corbett J. to address scheduling issues respecting this appeal by November 22, 2024.
"D.L. Corbett J."
"Lococo J."
"Kurke J."
Released: October 25, 2024