Canada Case Law

Murray v. Young

Court

Supreme Court of British Columbia

The application to add Michael Holmes and Pemberton Holmes Ltd. is dismissed because the plaintiff failed to plead or establish an independent relationship with the proposed defendants and a loss distinct from the company's loss; therefore the Foss v. Harbottle derivative action doctrine bars the individual claims and the threshold under R.6-2(7)(c) was not met; additionally the July 31, 2020 release likely encompasses agents and further undermines the claim.

Source excerpt

• Joinder/joinder of parties
• Derivative action/foss v. harbottle
• Fiduciary duties
• Agency
• Release and settlement
• Limitation period

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V K Delivery & Moving Services Ltd. (Re)

Court

Supreme Court of British Columbia

The court refused to extend the CCAA stay for the VK Group and granted RBC's application to appoint a receiver under BIA s. 243(1).

• Ccaa stay extension
• Good faith and due diligence
• Secured creditor rights
• Bia s.243 receivership
• Deemed trust (cra)
• Financing proposal and creditor prejudice

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The Innkeepers S.R.L. v. Enthusiast Gaming Holdings Inc.

Court

Court of Appeal for Ontario

On a motion to lift an automatic stay, the Court of Appeal for Ontario held that the stay should be lifted on conditions because delay risked non-payment and security could protect the appellant.

• Earn-out computation
• Stay of execution
• Security for payment
• Adjournment
• Disclosure
• Rule 63.01

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Holt v. Holt

Court

British Columbia Court of Appeal

The Court of Appeal dismissed the appeal, upholding the trial judge’s finding that $175,000 paid to the appellant after separation was an advance on his share of family property.

• Division of family property
• Business valuation
• Characterization of post‑separation payments (salary v. dividends)
• Set‑off/advances against buyout
• Standard of review of factual findings
• Family-property-division

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AM Gold Inc. v. Kaizen Discovery Inc.

Court

Supreme Court of British Columbia

The court granted further discovery in part, ordering the defendant to produce its former CEO for up to six more hours, with limits on timing and document refresh materials.

• Examination for discovery
• Adjournment to inform oneself
• Privilege over preparation
• Costs
• Misrepresentation
• Share acquisition

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Fuller v. Aphria Inc.

Court

Court of Appeal for Ontario

The disbursement to the appellants' expert was not recoverable because the evidence was essentially mathematical calculations based on publicly available share price data that did not constitute expert opinion or make a meaningful contribution to the damages assessment; disallowing the disbursement is not a distributive costs order.

Source excerpt

• Expert disbursements
• Costs assessment
• Damages assessment
• Distributive costs

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Böhmer v. Burns Lake Native Logging Ltd.

Court

Supreme Court of British Columbia

The court upheld a dismissal for cause after finding after-acquired misconduct: an unauthorized pay raise, a self-authorized bonus, and an ATV purchased with company funds.

• Wrongful dismissal
• Summary dismissal for cause
• After‑acquired grounds
• Misappropriation of funds
• Breach of trust
• Wrongful-dismissal

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Jackson v. Solar Income Fund Inc.

Court

Court of Appeal for Ontario

The application judge erred by refusing to consider the broader factual matrix and by proceeding by application; because determining whether the promissory note was modified by a subsequent side-agreement required resolving disputed factual issues and extrinsic evidence, the matter must proceed as the trial of an action.

Source excerpt

• Promissory note
• Interpretation of instruments
• Procedure — application vs action
• Demand notes
• Modification by subsequent agreement
• Costs

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SunOil Ltd. v. Big Snowy Resources, L.P.

Court

Supreme Court of British Columbia

The court granted joinder of a subsidiary as plaintiff and a related company as defendant, and allowed amendment of pleadings, while preserving a limitation defence.

• Joinder of parties
• Pleadings adequacy and particulars
• Fraud and misrepresentation
• Breach of fiduciary duty
• Limitation defence
• Summary trial procedure

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Contech Enterprises Inc. (Re)

Court

Supreme Court of British Columbia

The court held that Vegherb’s licence arrangement was in substance a security agreement under the PPSA, approved Contech’s proposal, and dismissed Vegherb’s reclassification application.

• Proposal approval
• Security interest characterization
• Conditional sale vs licence
• Priority of secured creditors
• Classification of creditors
• Declaratory relief

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