D. Templer

The plaintiffs moved to reinstate an action that had been dismissed following a status notice process under the Rules of Civil Procedure.

The court considered the applicable reinstatement principles from Reid v. Dow Corning and the Faris test, including whether the delay was adequately explained and whether prejudice resulted.

The court found the plaintiffs failed to justify delay and failed to demonstrate absence of prejudice, particularly given the death of a key defendant whose evidence had not been preserved.

Settlement discussions and procedural missteps, including bringing the motion improperly and failing to advance the action, weighed against reinstatement.

The action against the remaining corporate defendant was dismissed with costs.

The defendants brought motions for summary judgment to dismiss the plaintiffs' action arising from a shotgun buy-sell offer in a partnership dispute.

The plaintiffs claimed the offer was invalid, and alleged breach of contract, breach of fiduciary duty, and oppression.

The court found that the shotgun buy-sell offer was valid and complied with the partnership agreement.

The court also dismissed the claims for breach of fiduciary duty and oppression, finding that the defendants were entitled to exercise their contractual rights.

However, the court directed a trial on three specific breach of contract issues relating to closing arrangements and the calculation of net earnings.