The applicant, founder of a carpentry business, sought an oppression remedy against the respondent, the younger active manager and 49% shareholder.
The parties had entered into a unanimous shareholders' agreement to transition the business to the respondent while completing existing projects.
The respondent breached the agreement and his fiduciary duties by usurping the company's employees for his new competing business, failing to maintain proper financial records, and causing the original company to fail.
The court found the respondent liable for oppression and ordered him and his new company to jointly and severally disgorge $2,248,328 in profits.
