The appellant appealed a judgment that found his refusal to transfer 33.15 shares in Futecan Canada Inc. to the respondent was oppressive and ordered the share transfer.
The central issue was the agreed-upon number of shares to be transferred.
The Court of Appeal found ample non-hearsay documentary evidence supported the application judge's finding that 33.15 shares were to be transferred, which would give the respondent a controlling interest and made commercial sense.
The appeal was dismissed, affirming the original judgment.