The plaintiffs allege that the companies' articles mistakenly listed their shares in two companies as non-participating when in fact it was agreed that they were to be participating, entitling them to dividends and a share of assets upon dissolution. Their brother sought to capitalize on the error and suggested that the shares were set up that way deliberately.
The brother also filed a Counterclaim that sought to turn the plaintiffs’ narrow claim into a wide-ranging and disparate proceeding raising new causes of action dating back decades. The Counterclaim also sought to add two additional parties, the plaintiffs’ other brother who had advanced stage dementia and their 90+ year old mother.
The Counterclaim was found to be insufficiently connected to the action, and all other discretionary factors were decided in the plaintiffs’ favour. The Counterclaim was struck.
Subsequently after a 14-day trial, we successfully obtained an order rectifying the companies’ articles to reflect the fact that the plaintiffs’ shares were intended to be fully participating and that they were equity shareholders.
The plaintiffs were represented by Tracey M. Cohen, KC and Cindy Phillips.
Jurisdiction
- British Columbia
