Randy Bennett

The appellants appealed a summary judgment order dismissing their claim against the respondent for knowing assistance in breach of fiduciary duty.

The dispute arose from the sale of the appellants' shares in a family-owned shopping mall to the remaining family members, who then sold a 50% interest to the respondent at a higher valuation.

The Court of Appeal upheld the motion judge's finding that there was no evidence the respondent had actual knowledge of the alleged fraudulent and dishonest conduct or breach of fiduciary duties towards the appellants.

The plaintiffs in two class actions moved to quash appeals brought by the defendants from an order declaring that the plaintiffs shared a common interest with the Receiver of YBM, and that the Receiver could produce a report to them without waiving privilege.

The Court of Appeal held that the order was procedural and interlocutory, as it did not resolve any substantive issue in the proceedings.

The court rejected the argument that the order was final simply because it involved a non-party (the Receiver), distinguishing prior case law.

The motions to quash were granted.