Arlene Posel

In an oppression remedy application, both the applicant minority shareholders and respondent majority shareholders brought motions regarding procedural delays.

The respondents sought to vary a previous consent order restricting corporate disbursements and to set a firm timetable.

The applicants sought reinstatement of interim compensation and an order for outstanding document productions.

The court granted both motions, removing the disbursement restriction, setting a firm timetable for the application, reinstating the applicant's monthly compensation, and ordering the respondents to provide specific financial records and authorizations.

The plaintiff sought damages for personal injuries arising from a motor vehicle accident where liability was admitted.

The plaintiff claimed damages for pain and suffering, past income loss, and future income loss, alleging the accident caused chronic neck, back, and shoulder pain, as well as carpal tunnel syndrome.

The court found that the carpal tunnel syndrome was not caused by the accident.

Furthermore, the court held that the plaintiff's injuries did not meet the statutory threshold for non-pecuniary damages, as the impairments were neither permanent nor serious, relying heavily on medical evidence of reversible muscular imbalance and extensive video surveillance showing the plaintiff engaging in vigorous physical activities.

The claims for past and future income loss were also dismissed, as the plaintiff's decision to leave work was deemed unreasonable and the contingencies for future loss were not established as real and substantial possibilities.

The action was dismissed.