The Court struck and dismissed the plaintiffs’ claim against the Workers’ Compensation Board, finding the action barred by s. 332 of the Workers Compensation Act.
The court held that JM Food Services transferred valuable business rights to related entities for no consideration to hinder creditors, and declared the transfers void.
The Court of Appeal dismissed British Columbia’s appeal, holding restoration of a dissolved company should not prejudice the Administrator’s interim statutory claim for oil cleanup costs.
The court held a purported assignment of a loan claim did not satisfy s. 36 of the Law and Equity Act without prior written notice, but allowed amendment to pursue an equitable assignment.
The appellants ceased to be directors when Aujla Construction Ltd. was struck from the register on March 5, 1999; s.323(5) of the ETA bars assessments of directors more than two years after they last ceased to be directors; the restoration order and the Company Act’s deeming provision do not, on the facts and wording of the order, retroactively deem the appellants to have remained directors because the Master did not exercise the s.263 discretion to place the directors in the same position and there is no clear legislative basis to extend the deeming to directors; accordingly the assessments…
The court granted leave for Valor Invest Ltd. and Ross Wilmot to commence a derivative action and held that restoration and petition costs were costs in the cause.