Law360 Canada ( June 8, 2021, 6:13 AM EDT) -- Appeal by the Balcom and Madden defendants from dismissal of their application for relief in respect of a derivative action on behalf of a limited partnership. Asher Place Senior Residency Limited Partnership was a limited partnership created under the Partnership Act. Madden Holdings was the general partner. The Balcoms were the controlling shareholders and principals of Madden. The other partners were Class A limited partners with Madden as the Class B limited partner, holding 3,942 Class B partnership units in trust for its Class B shareholders. The plaintiffs were a Class A limited partner and a Class B shareholder in Madden. They obtained leave to commence a derivative action on behalf of Asher Place against the general partner. Madden took the position that Asher was not a legal person and therefore could not be a proper plaintiff. Madden submitted that the derivative action was void ab initio or a nullity. Madden submitted that any derivative action could only be brought in the name of and by the general partner, namely Madden. The application judge refused the relief sought, citing the rule in Foss v. Harbottle as authorizing a derivative action on behalf of a limited partnership. The appellants appealed....