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The court dismissed an application to set aside or vary an ex parte Mareva injunction, finding no lack of full and frank disclosure and no basis to disturb the order.
The court refused leave for the derivative action as filed, but held the matter was not an abuse of process and allowed a narrowed claim against Diana Hu to be resubmitted.
Swint’s request for access to SquireCo’s accounting records was dismissed because it was sought for a collateral purpose. Taxplus succeeded in obtaining an AGM and quorum variation.
The court held it had jurisdiction to appoint an independent person to conduct the corporate defendants’ defence, because the proposed amendments created potential conflicts of interest.
The Court of Appeal dismissed Sonic Holdings’ appeal, holding that the BCA governed the conflicted TCS transactions and that the trial judge’s fairness findings stood.
The Court of Appeal upheld dismissal of an application for an interim advance of defence costs, holding the unanimous shareholder agreement displaced the broader by-law indemnity.
The court upheld a unanimous shareholders’ agreement requiring unanimous board consent and dismissed the petition to invalidate it.
La Cour suprême de la Colombie-Britannique a rejeté une demande d’autorisation d’action dérivée, jugeant que le requérant n’agissait pas de bonne foi et poursuivait surtout un objectif politique.
The court declined to interfere with the shareholder meeting process in a corporate deadlock, but ordered Payfirma to provide shareholder email addresses and phone numbers.
The motion judge correctly struck the paragraphs seeking contribution and indemnity because the six individual defendants owed no duty of care to the appellant; alleged supervisory failings do not create a legal duty to the employee and no tenable basis existed for attributing liability for the appellant's conversion to the individuals; accordingly leave to amend was properly denied and the appeal is dismissed.
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