The defendants brought a motion for partial summary judgment to declare an option agreement (OA) and an option amending agreement (OAA) valid and enforceable, and to dismiss the plaintiff's oppression and breach of fiduciary duty claims.
The plaintiff alleged the agreements were unenforceable due to lack of explanation, independent legal advice, and fresh consideration, and that the defendants engaged in oppressive conduct and breached fiduciary duties.
The court found the OA and OAA valid and enforceable, rejecting the plaintiff's arguments.
It also dismissed and struck the oppression and breach of fiduciary duty claims, finding them improperly pleaded and unsupported by evidence, and noting the plaintiff's failure to seek leave for a derivative action for corporate wrongs.
The plaintiff's wrongful dismissal claim was allowed to proceed.
