Kevin Patrick Butler

The applicants, neighbours of the respondent, sought a mandatory injunction requiring the removal of a curb wall constructed of concrete blocks along the respondent’s driveway, alleging it constituted a private nuisance and violated City of Ottawa by-laws.

The court found that the respondent was not in breach of the relevant by-laws and that the applicants failed to prove substantial and unreasonable interference with their property.

The application was dismissed and costs awarded to the respondent.

The applicants, minority shareholders of Xtreme Trampoline Park Inc. and XTP Holdings Inc., brought an oppression remedy application against the majority shareholder, Sixin Wei, alleging he denied them access to financial records, withheld proceeds from a property sale, and surreptitiously obtained funds held in trust.

The court found Mr. Wei's conduct oppressive, unfairly prejudicial, and unfairly disregarded the applicants' reasonable expectations regarding financial transparency and distribution of sale proceeds.

The court ordered Mr. Wei to provide full access to accounting records, a detailed accounting of funds, and to preserve a significant portion of the disputed funds in an interest-bearing account pending further agreement or court order.