28 Jan 2025
The Matter Corporation v. Southside Construction Management Limited
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.