The Court of Appeal allowed Tacora’s appeal, ordered disputed royalty payments paid into court under r. 43, and held Tacora’s liability would be extinguished on compliance.
The petition to dissolve the Society under s.130 is dismissed because, despite procedural irregularities in restoration, the sale of the Hermitage raised sufficient suspicion and potential breaches of duty that the Society's action against the petitioners should be allowed to proceed for investigation; s.105 relief to correct restoration irregularities is not granted in full and some relief is adjourned pending resolution of the action.
Applicants failed to meet the heavy onus to show the actions were plainly and obviously abusive or that the president lacked authority; s.143 BCA and subsequent ratification, together with evidence that the president managed day-to-day operations and emergent circumstances (including directors authorizing account access), supported implied authority to commence litigation under Bajwa; corporate counsel was found to represent the company alone and not be conflicted in a disqualifying way, therefore the applications to strike and to remove counsel were dismissed.
Former members were proper persons to seek relief under s.156; the proposed special resolution to amend Rule 125, sought after the monitor identified a surplus, would violate former members' reasonable expectations and is oppressive and unfairly prejudicial; accordingly the court will grant declarations and exercise its s.156(3) powers to prohibit convening the special general meeting and to direct the monitor to distribute surplus funds in accordance with the existing Rule 125.
The court held that (1) AIG has a duty to defend under the Fiduciary Liability Policy because there is a mere possibility the Eckler Claims (fiduciary breach and conflict of interest, including diversion of pension assets and payment of litigation expenses) fall within the policy; (2) Newline must advance defence costs under the D&O Liability Policy because the pleadings and applicable principles show the true gravamen of the claims implicates directors' board-level decisions and are not categorically excluded by pension-legislation or prior-acts exclusions at this preliminary stage; (3) Eckl…
The Supreme Court of Canada held that Lundin’s pit wall instability and rockslide could amount to a material change, and leave to proceed should be granted.
The court held that the second sentence of BCMCL Rule 10 was inconsistent with the society’s purposes and contrary to the Societies Act, and struck it out.
Trial judgment in a closely held company dispute: the court rejected oppression and winding-up claims, but awarded airG damages for post-2019 personal expenses and unjust enrichment involving StudyPug.
The court found oppressive conduct and ordered remedies in a family company dispute, including a compensation review, dividend relief, and a path to buyout or liquidation.