Paul Larkin Seitz

The appellant wife appealed a summary judgment enforcing a settlement agreement regarding family property and child support.

She argued she was mistaken about the scope of the agreement and that it was unconscionable.

The Court of Appeal dismissed the substantive appeal, finding the wife failed to provide evidence from her former lawyer to raise a genuine issue for trial regarding mistake, and that the agreement was negotiated with competent counsel.

However, the Court agreed that the settlement agreement itself should not have been attached to the order, and reduced the motion judge's costs award against the wife due to her ability to pay.

The plaintiff obtained a judgment for wrongful dismissal and unpaid commissions against his former employer, Westsun Show Systems Inc. Without attempting to execute the judgment, he brought a second action against the parent company's directors and officers, and former officers of the employer.

The trial judge found several directors liable for the wage debts and held a corporate representative personally liable for the costs of the first trial under the oppression remedy.

The Court of Appeal allowed the defendants' appeals, finding no duty on the corporate representative to disclose the lack of directors to an adverse party, and holding that the plaintiff failed to meet the strict statutory preconditions and limitation periods for directors' liability under the Manitoba Corporations Act.

The plaintiff's appeal and cross-appeal were dismissed.