Oleh P. Vereshchak

The court granted default judgment in favour of Lorenzo Orsetto and Ricardo Bigioni against 2416022 Ontario Ltd. and John Bigioni, finding that John’s conduct as an officer and director was oppressive and breached the reasonable expectations of the complainants under the Business Corporations Act.

The court ordered John’s removal as officer and director, the sale of his shares, and provided for judgment for any shortfall.

The decision reviews the principles of default judgment and oppression remedies, and applies them to the facts of the case.

The appellant, an Ontario lawyer, appealed the dismissal of his application for a declaration that his professional liability insurer had a duty to defend and indemnify him in an action brought by a former client.

The Court of Appeal upheld the application judge's finding that the professional services giving rise to the claim were performed in St. Kitts and related to the laws of St. Kitts and Nevis.

As such, the services fell outside the coverage of the insurer's policy, which was limited to professional services with respect to the laws of Canada.

The appeal was dismissed.