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Client Work

Sofina Foods Inc. v. The Co-operators Group Limited, 2017 ONSC 577

Fasken
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Client

The Co-operators Group Limited.

Fasken aided in the dismissal of an action to re-instate an alleged membership with the Co-operators. Sofina Foods Inc., a distributor of packaged meat and other products, applied for reinstatement of membership in The Co-operators, under the guise of an oppression remedy action in complaint of the termination of membership of Lilydale (2010) Inc., which is now a division of Sofina. Sofina had no expectation to obtain the membership along with its purchase of Lilydale, and refused to implement changes to meet the Co-operator's 2011 by-law requirements, waiting until just before the expiry of the last applicable limitation period to initiate the lawsuit. The action was successfully dismissed, citing that the plaintiff does not qualify as a co-operative and therefore cannot be a member. Further, Sofina sought relief that was unavailable, and offered to re-organize “in a manner acceptable to plaintiff to accommodate the remedy”. This was an unacceptable reply, with Justice Myers stating that Sofina could not “try on its claim and then politely decline.”

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