The applicant, a 30% shareholder, sought an oppression remedy against the corporate respondent and its sole officer/director, Winston Penny.
Penny was found to have engaged in oppressive conduct by violating court orders, failing to provide financial information, destroying records, and appropriating corporate funds for personal use through uncollectible shareholder advances and improper expenses.
The court found a clear breach of the applicant's reasonable expectations and imposed personal liability on Penny.
The remedy included a buyout of the applicant's shares and the appointment of a receiver due to Penny's untrustworthy management.
The court calculated a buyout value of $3,993,750 for the applicant's shares, allowing parties to contest the valuation.
Costs were awarded to the applicant on a substantial indemnity basis due to the "crude and obvious" nature of the oppression.