Mcue Enterprises Corp. v. Entral Group International Inc.
The Court upheld the Federal Court's finding that the pleadings sufficiently alleged tortious conduct by the individual directors and that there was no legal error in refusing to strike the claim; therefore the appeal was dismissed.
Source-derived case information.
- Citation
- 2007 FCA 130
- Parties
- Appellant: MCUE ENTERPRISES CORP. d/b/a Di Da Di Karaoke Company; Appellant: VITUS WAI-KWAN LEE; Appellant: YUK SHI (TOM) LO; Respondent: ENTRAL GROUP INTERNATIONAL INC.; Respondent: TC WORLDWIDE LTD
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 29 March 2007
- Procedural Posture
- Appeal / Final Judgment
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Striking Pleadings, Pleading Sufficiency, Directors' Tort Liability, Motion to Strike
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MCUE ENTERPRISES CORP. d/b/a Di Da Di Karaoke Company
Appellant
VITUS WAI-KWAN LEE
Appellant
YUK SHI (TOM) LO
Appellant
ENTRAL GROUP INTERNATIONAL INC.
Respondent
TC WORLDWIDE LTD
Respondent
Procedural Posture
Appeal / Final Judgment
Legal Issues
- 1 Whether the pleadings sufficiently alleged tortious conduct by the individual directors
- 2 Whether the Federal Court erred in refusing to strike the claim against the directors
Ratio Decidendi
The Court upheld the Federal Court's finding that the pleadings sufficiently alleged tortious conduct by the individual directors and that there was no legal error in refusing to strike the claim; therefore the appeal was dismissed.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Mcue Enterprises Corp. v. Entral Group International Inc. Court (s) Database Federal Court of Appeal Decisions Date 2007-03-29 Neutral citation 2007 FCA 130 File numbers A-272-06 Decision Content Date: 20070329 Docket: A-272-06 Citation: 2007 FCA 130 CORAM: NADON J.A. SHARLOW J.A. PELLETIER J.A. BETWEEN: MCUE ENTERPRISES CORP., d/b/a Di Da Di Karaoke Company, VITUS WAI-KWAN LEE and YUK SHI (TOM) LO Appellants and ENTRAL GROUP INTERNATIONAL INC. and TC WORLDWIDE LTD Respondents Heard at Vancouver, British Columbia, on March 29, 2007. Judgment delivered from the Bench at Vancouver, British Columbia, on March 29, 2007. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20070329 Docket: A-272-06 Citation: 2007 FCA 130 CORAM: NADON J.A. SHARLOW J.A. PELLETIER J.A. BETWEEN: MCUE ENTERPRISES CORP., d/b/a Di Da Di Karaoke Company, VITUS WAI-KWAN LEE and YUK SHI (TOM) LO Appellants and ENTRAL GROUP INTERNATIONAL INC. and TC WORLDWIDE LTD Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Vancouver, British Columbia, on March 29, 2007) SHARLOW J.A. [1] This is an appeal from a judgment of the Federal Court (2006 FC 671) dismissing the motion of the appellants for an order striking the claim of the respondents against the individuals who are directors of the corporate appellant. The judge found the pleadings to be sufficient to allege tortious conduct by the individual appellants. We are not persuaded that the judge erred in law in reaching that conclusion, and we are all of the view that the record discloses no error that warrants the intervention of this Court. This appeal will be dismissed with costs. "K. Sharlow" J.A. FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-272-06 STYLE OF CAUSE: MCUE ENTERPRISES CORP. ET AL v. ENTRAL GROUP INTERNATIONAL INC. ET AL PLACE OF HEARING: Vancouver, British Columbia DATE OF HEARING: March 29, 2007 REASONS FOR JUDGMENT BY: NADON, J.A. SHARLOW J.A. PELLETIER, J.A. DELIVERED FROM THE BENCH BY: SHARLOW J.A. DATED: March 29, 2007 APPEARANCES: Paul Smith FOR THE APPELLANTS Lawrence Chan Stephen Selznick FOR THE RESPONDENTS SOLICITORS OF RECORD: Paul Smith Intellectual Property Law Vancouver, B.C. FOR THE APPELLANTS Cassels Brock & Blackwell LLP Toronto, Ontario FOR THE RESPONDENTS