P.A. Neena Gupta

The appellants, minority shareholders in Colio Wines of Canada Ltd., appealed the dismissal of their application for an oppression remedy and the appointment of an inspector under the Ontario Business Corporations Act.

The appellants alleged that a 1992 amalgamation unfairly valued their shares at one cent each.

The Divisional Court upheld the application judge's finding that the appellants failed to provide cogent evidence that oppressive conduct appeared to have occurred, as required by s. 161(2) of the Act.

The court confirmed that mere suspicion or a report suggesting oppression 'may have been' present is insufficient to warrant the appointment of an inspector.

The appeal was dismissed.

The appellant landlords appealed a Board of Inquiry decision finding that their use of rent-to-income ratios to screen prospective tenants constituted constructive discrimination under the Human Rights Code.

The Divisional Court upheld the Board's findings that the sole use of such criteria disproportionately excluded protected groups and was not a bona fide requirement.

However, the Court amended the Board's forward-looking prohibition against using income criteria, noting that recent amendments to the Code and O. Reg. 290/98 now expressly permit landlords to use income information in specific ways.