H. Burnett

The defendant Attorney General of Ontario brought a motion to strike or dismiss the plaintiff’s civil claim arising from a criminal prosecution that ended in acquittal.

The court held that the action was a nullity because the plaintiff failed to provide the mandatory 60‑day notice required before commencing proceedings against the Crown under the Proceedings Against the Crown Act and the Ministry of the Attorney General Act.

The court further found that any claim for malicious prosecution was statute‑barred under the Limitations Act, as the action was commenced more than two years after the acquittal.

Additional claims for misfeasance in public office and conspiracy were struck for lack of material particulars and as frivolous and vexatious.

Summary judgment was granted and the action was dismissed.

A shareholder who successfully obtained a court‑ordered shareholders’ meeting under s. 144(1) of the Canada Business Corporations Act sought reimbursement from the corporation for expenses incurred in requisitioning, calling, and holding the meeting.

The court held that although s. 144 does not expressly address reimbursement, it implicitly authorizes recovery of reasonable expenses analogous to those recoverable under s. 143(6) for requisitioned meetings.

However, only costs directly related to requisitioning, calling, and holding the meeting are recoverable, not broader strategic or governance‑change expenses incurred by dissident shareholders.

Applying that principle, the court allowed reimbursement for certain printing, meeting administration, advisory, and legal costs, but limited recovery to reasonable amounts tied to the meeting itself.