Skylark Holdings Ltd. v Minhas

2018 ONSC 1568 (Div Ct); Lerners acted for the appellants, Mohinder Minhas, 2012111 Ontario Inc. and 2295181 Canada Inc. (“Minhas”), who appealed an order dismissing their summary judgment motion and granting the respondent leave to amend its Statement of Claim. The Divisional Court allowed the appeal, finding that the respondent’s claim for a declaration that it was entitled to a 5% interest in one of the appellant companies did not qualify as appropriate “declaratory relief” within the meaning of s. 16(1)(a) of the Limitations Act, 2002, SO 2002, c 24, Sch B.

The Divisional Court found that the declaratory relief requested would allow the respondent to circumvent the applicable limitation period and that the declaration would be ineffective without further mandatory relief.