Canada Case Law

Sanovest Holdings Ltd. v. Matthews

Court

Supreme Court of British Columbia

The Equitable Compensation Claim was not struck: it is not plain and obvious that the claim discloses no reasonable cause of action because the interpretive question on the scope of s.150(2)(c) is complex, there is no definitive authority precluding an equitable compensation remedy under the disclosable interest regime, factual findings (including on profits and reliance on the settlement holdback) are required, and striking the claim would risk defeating the remedial and deterrence purposes of the BCA and equitable remedies; accordingly the Rule 9-5(1)(a) application is dismissed.

Source excerpt

• Disclosable interests (bca part 5)
• Derivative actions and leave requirements
• Equitable compensation
• Accounting for profits
• Oppression remedies
• Rule 9-5 striking pleadings

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Devenish v. de Jardin

Court

Supreme Court of British Columbia

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.

Source excerpt

• Dissolution under s.130
• Irregularities and rectification under s.105
• Restoration of societies
• Derivative action limitation
• Breach of directors' duties
• Meeting and notice irregularities

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Kavanagh v. Barbeau

Court

Supreme Court of British Columbia

The court held it was not plain and obvious that the RTCC was unnecessary, scandalous, frivolous or prejudicial because the contested allegations (including claims of tax evasion and deception by the deceased) were relevant to a bona fide defence that the deceased retained control and caused the companies' financial and tax problems; however, the court struck narrowly those broad, sweeping and undated allegations that alleged unspecified illegality or lifelong misconduct unconnected to the pleaded issues (paras. 7, 10 and 17) as confusing and potentially prejudicial, and granted leave to amen…

Source excerpt

• Strike pleadings
• Fiduciary duty breach
• Unjust enrichment
• Pleading sufficiency
• Allegations of tax evasion
• Relevance and prejudice in pleadings

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Chonchuir v. Jones

Court

Supreme Court of British Columbia

The court lifted the bankruptcy stay so the plaintiff’s debt action could continue, but dismissed the bankrupt’s application to annul the bankruptcy.

• Lifting automatic stay
• Annulment of bankruptcy
• Proof of claim valuation
• Creditors' meeting conduct
• Fraudulent misrepresentation
• Breach of fiduciary duty

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Bit v. Krahn Engineering Ltd.

Court

British Columbia Court of Appeal

The Court of Appeal admitted new evidence of an Alberta oppression action, found Alberta the clearly more appropriate forum, and stayed the BC employment action.

• Forum non conveniens
• Jurisdictional competence
• Forum selection clause
• Oppression remedy
• Breach of fiduciary duty
• Admission of new evidence on appeal

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Bonjour Vietnam Restaurant Corp. v. Hoang

Court

Supreme Court of British Columbia

The court dismissed a strike application, holding it was not plain and obvious that the company’s claim was a derivative action or that its director lacked implied authority.

• Derivative action
• Implied authority
• Abuse of process
• Rule 9-5(1)
• Bcbca ss.232-233
• Conversion

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SWS Marketing Inc. v. Zavier

Court

Supreme Court of British Columbia

The court allowed strata fee petitions to proceed, refused to remove the strata’s agent for now, and dismissed a petition challenging use of Bylaw 27(7) under s. 164.

• S.164 strata property act - significantly unfair conduct
• Bylaw enactment and use (bylaw 27(7))
• Removal/disqualification of agent for conflict of interest
• Res judicata and abuse of process (rule 9-5)
• Petition adequacy and pleading requirements
• Unpaid strata fees and collection

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Boyer v. Callidus Capital Corporation

Court

Court of Appeal for Ontario

The Court of Appeal dismissed the appeal: the motion judge did not err in finding Boyer retired (not constructively dismissed), in awarding accrued vacation pay, deferred bonuses and stock option value on the facts, in concluding issue estoppel barred Callidus from relitigating allegations that were the core of its dismissed counterclaim under s.137.1 CJA, and in concluding summary judgment was an appropriate procedure to resolve the employment contract claims on the paper record.

Source excerpt

• Constructive dismissal
• Vacation pay
• Deferred bonuses
• Stock options
• Issue estoppel
• Anti-slapp (s.137.1 cja)

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Smith v. SaNOtize Research and Development Corp.

Court

Supreme Court of British Columbia

The court held that a settlement agreement’s indemnity clause applied to claims already released, entitling the defendants to indemnity costs subject to assessment.

• Settlement agreement
• Release clause
• Indemnity for costs
• Contractual interpretation
• Limitation act
• Striking and dismissal of claims

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Hardy v. Whistler Film Festival Society

Court

Supreme Court of British Columbia

The court dismissed an application to stop a special general meeting that would amend bylaws affecting a founder’s board appointment right and related disputes.

• Oppression remedy
• Interlocutory injunction
• Bylaw amendments
• Director appointment/removal
• Fiduciary duty and conflict of interest
• Trademark licence agreement

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