Julia Dales

This decision addresses the terms of a court-ordered buy-sell process between two dental practice shareholders following a deadlock.

The court determined that it would not fix the value of the dental practice for the buy-sell notice and rejected the applicant's request for a price reduction based on the respondent's role as the working dentist.

The court found that the parties' negotiated draft shareholders' agreement, which included differential non-competition provisions, adequately protected the applicant's interests.

The final buy-sell notice was approved with only the purchase prices to be inserted by each party.

The accused, a spiritual healer, was charged with three counts of sexual assault against women during healing ceremonies.

The complainants testified that the accused touched them inappropriately with his hand in intimate areas, contrary to the stated practice of the ceremony.

The accused denied any hand touching, asserting he only used a deer bone as part of the ritual and that hand touching would be inappropriate.

The court assessed the credibility of the complainants, noting their initial self-blame and later realization of the impropriety after hearing similar complaints from others.

The court found the complainants' evidence credible and reliable, rejecting the accused's denials due to inconsistencies and implausibility.

Applying the principles from R. v. W.(D.), the court concluded that the Crown proved beyond a reasonable doubt that the touching occurred without consent or informed consent, leading to findings of guilt on all charges.

This case involved an application by two dentists seeking a one-third interest in a dental corporation, damages, and remedies for alleged partnership, breach of agreement, oppression, and unjust enrichment against a third dentist and her professional corporation.

The court found no partnership existed, the agreement for the applicant to acquire shares was conditional and unfulfilled by the applicant, and there was no oppressive conduct or unjust enrichment by the respondent.

However, the court did find the dental corporation to be in a deadlock between the two remaining shareholders and ordered a buy-sell arrangement as a just and equitable remedy under the Business Corporations Act, with the court retaining jurisdiction to determine specific terms if the parties cannot agree.

The applicant, a judgment creditor owed over $1.5 million by the respondent dentist, brought an application alleging that the respondent and others conspired to fraudulently convey his interest in several dental practices to a third-party corporation.

The applicant sought damages and a declaration that the sale was a conspiracy by unlawful means.

The court dismissed the application, finding that the sale was initiated by an arm's-length purchaser prior to the judgment, the consideration was consistent with standard industry practices, and there was no intent to defeat, hinder, delay, or defraud the applicant.