Link v. Link

Link v. Link

Leave to commence the derivative action was denied because the applicant failed to satisfy statutory prerequisites: he was not acting in good faith (the evidence supports a pattern of personal vendetta and the action would primarily benefit him), and it did not appear to be in the interests of Link Canada; Nova Scotia substantive law governs the claims (including limitation periods), and the proposed claims are likely statute-barred under the Nova Scotia Limitation of Actions Act given the applicant knew the material facts by December 2010 and May 2016 and did not timely pursue leave.

Citation
2020 NSSC 293
Parties
Applicant: Jay Link; Respondent: John E. Link; Respondent: Troy Link; Respondent: John Hermeier; Respondent: Link Snacks Inc.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
15 December 2020
Procedural Posture
Application for Leave to Commence Derivative Action / Leave Application (chambers)
Outcome
Application for leave to commence derivative action denied.
Legal Topics
Derivative Action, Fiduciary Duty, Limitation Periods, Choice of Law, Receivership, Unjust Enrichment
Source Language
English
Corporate Law Civil Procedure Conflict of Laws Equity Derivative Action Fiduciary Duty Limitation Periods Choice of Law +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Jay Link

Applicant

John E. Link

Respondent

Troy Link

Respondent

John Hermeier

Respondent

Link Snacks Inc.

Respondent

Procedural Posture

Application for Leave to Commence Derivative Action / Leave Application (chambers)

Legal Issues

  1. 1 Whether leave should be granted to bring a derivative action on behalf of Link Canada
  2. 2 Whether the applicant is acting in good faith
  3. 3 Whether the proposed action appears to be in the interests of the company

Ratio Decidendi

Leave to commence the derivative action was denied because the applicant failed to satisfy statutory prerequisites: he was not acting in good faith (the evidence supports a pattern of personal vendetta and the action would primarily benefit him), and it did not appear to be in the interests of Link Canada; Nova Scotia substantive law governs the claims (including limitation periods), and the proposed claims are likely statute-barred under the Nova Scotia Limitation of Actions Act given the applicant knew the material facts by December 2010 and May 2016 and did not timely pursue leave.

Court Disposition

Application for leave to commence derivative action denied.

Orders

  • Leave to commence derivative action on behalf of Jack Link's Canada Company (Link Canada) is denied.