Marlon M. Roefe

The plaintiff, a Canadian refugee from Dubai, sought default judgment against the defendants for breach of a joint venture agreement and conversion of assets related to a poultry farm in the United Arab Emirates.

The plaintiff alleged that the defendant, due to his connections with the Dubai royal family and government, subjected the plaintiff and his family to intimidation, threats, and coercion, preventing them from seeking redress in Dubai.

The court found no real and substantial connection to Ontario based on the events, but assumed jurisdiction under the forum of necessity exception, concluding that the plaintiff reasonably feared for his life and would not receive a fair trial in the UAE.

Default judgment was granted for $16,500,000.

The plaintiff moved for leave to amend a statement of claim in a shareholder oppression action under the Business Corporations Act and to add additional defendants.

The proposed amendments included clarification of existing claims, allegations of post‑litigation asset transfers, and claims involving fraudulent preferences, conspiracy, and diversion of corporate opportunities.

The court held that most amendments were legally tenable and arose from facts discovered after the action had been set down for trial, and therefore should be permitted.

However, amendments alleging misconduct by the defendants in the conduct of the litigation were found irrelevant to the pleaded causes of action and contrary to proper pleading rules.

Leave to amend was granted except for those specific allegations.