The Matter Corporation v. Southside Construction Management Limited
THE MATTER CORPORATION
Law Firm / Organization
Goodmans LLP
SOUTHSIDE CONSTRUCTION MANAGEMENT LIMITED
Law Firm / Organization
Miller Thomson LLP
VITO FRIJIA
Law Firm / Organization
Miller Thomson LLP
WONDERLAND POWER CENTRE INC.
Law Firm / Organization
Miller Thomson LLP

 

2024 ONSC 4879

  • Matter Corporation sought an interlocutory injunction to enforce its rights as a 50% joint venture owner.
  • The court granted:
    • The Production Order, requiring Southside to provide existing financial records.
    • The New Development Order, compelling Southside to consult Matter Corp. before new commercial or residential development.
  • The court denied:
    • The Borrowing Order, which sought to prevent borrowing without Matter Corp.'s consent.
    • Disclosure of non-existent documents and consultation on working capital for leasing existing space.
  • A Disclosure Agreement was upheld, requiring Southside to notify Matter Corp. of leases over $750,000?.

2025 ONSC 590 (Costs Decision)

  • Matter Corp. sought $198,507.01 in partial indemnity costs.
  • The court awarded $81,074.85 but made them payable in the cause (i.e., at trial).
  • The amount was reduced due to:
    • Divided success—Matter Corp. did not win all injunction requests.
    • Discovery costs—Deposition costs were deducted as they would be used at trial?.

Final Outcome

  • Matter Corp. gained financial disclosure rights and consultation on new development but not control over borrowing or leasing expenses.
  • It was awarded $81,074.85 in costs, payable at trial.
Superior Court of Justice - Ontario
CV-23-00710981-00CL
Corporate & commercial law
$ 81,075
Plaintiff
07 December 2023