Canada Case Law

Vassilakaki v. Vassilaki & Sons Investments Ltd. (Last Call Liquor Mart)

Court

Supreme Court of British Columbia

The court found the employer did not condone the plaintiff's misconduct because it acted reasonably by commissioning an independent investigation, promptly acting on its findings, and actively seeking a replacement; the plaintiff admitted pervasive dishonest conduct (misappropriation, undisclosed excessive wages, interest-free loans, payment of personal expenses) which, in context, constituted just cause for summary dismissal; the defendant's counterclaim succeeded and damages of $814,681.99 were awarded against the plaintiff.

Source excerpt

• Wrongful dismissal
• Just cause
• Condonation
• Misappropriation of corporate funds
• Breach of directors' duties
• Damages

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Sanovest Holdings Ltd. v. Ecoasis Developments LLP

Court

Supreme Court of British Columbia

The court amended an existing receivership order to include Ecoasis Resort and Golf LLP’s business, finding it insolvent and needing receiver control to preserve value.

• Appointment of receiver
• Amendment of receivership order
• Asset preservation
• Secured creditor rights
• Receiver financing
• Oppression proceedings

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Axion Ventures Inc. v. Bonner

Court

Supreme Court of British Columbia

The court refused to dismiss the action for alleged spoliation of emails and G Suite data, finding the evidence insufficient and reserving the issue for trial.

• Spoliation of evidence
• Preservation of electronic documents
• Dismissal for spoliation
• Fiduciary duty
• Oppression proceedings
• Remedies for spoliation

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Munrealty Inc. v. Ideal Construction Co. Limited

Court

Court of Appeal for Ontario

Any defect in the 2000 transfer of Ideal shares was effectively cured by the 2005 confirming transfer by the trustee in bankruptcy; equitable title passed to Mountell Investments Inc. under the 2000 transaction given valid consideration, disclosure and creditor concurrence; the appellant lacked a sufficient interest after winding-up to prevail; therefore the appeal is dismissed.

Source excerpt

• Share transfer restrictions
• Trustee in bankruptcy transfers
• Equitable title
• Confirmatory conveyance
• Winding-up and liquidation
• Standing to challenge transfers

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Groberman v. Groberman et al

Court

Supreme Court of British Columbia

The court renewed an expired writ for 12 months in a Wills Variation Act claim, finding the plaintiff’s delay in service did not bar renewal under Rule 9(1).

• Renewal of writ
• Service of process
• Wills variation act
• Oppression proceedings
• Prejudice
• Rule 9(1)

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