The proposed appellant sought leave to appeal an order allowing the plaintiff, an unregistered limited partnership, to continue an action commenced before it was properly registered.
The proposed appellant argued that the word 'maintain' in section 28 of the Limited Partnerships Act means 'commence', requiring the plaintiff to start a new action.
The Divisional Court dismissed the motion for leave to appeal, finding no conflicting case law and no good reason to doubt the correctness of the motions judge's determination that 'maintain' allows for the continuation of an action already commenced.
