Order was made staying action as against court appointed receiver and refusing leave to sue receiver. Plaintiff appealed. Appeal dismissed. Submission that motion judge erred in failing to find that receiver had already consented to action being commenced against it was rejected. No basis was seen to interfere with motion judge’s refusal to grant leave to sue receiver. This was discretionary decision. Motion judge found that there was no evidence tendered that plaintiff suffered damages and, having assessed record before her, she declined to draw such inference. No error was seen in her conclusion. It was reasonably based on evidence or lack of evidence placed before her on motion.
2027707 Ontario Ltd. v. Richard Burnside & Associates Ltd. (2016), 2016 CarswellOnt 17141, 2016 ONCA 819, Paul Rouleau J.A., K. van Rensburg J.A., and B.W. Miller J.A. (Ont. C.A.).