The plaintiff, a corporate successor to a former member of the defendant co-operative, brought an oppression action seeking solely re-admission as a member.
The defendants moved for summary judgment.
The court found that the plaintiff, having voluntarily amalgamated, no longer existed as a co-operative and could not meet the membership criteria.
The court rejected the plaintiff's argument that it could conditionally re-organize if granted the remedy, holding that litigation is not a 'dry run.' The action was dismissed, and the court noted that naming the personal defendants was an abuse of process given the limited relief sought.
Costs of $300,000 were awarded to the defendants.
