2 total
Appeal of forced share sale in deadlocked family business dismissed; no error in trial judge's findings.
The appellants appealed a trial judgment resolving a deadlock in a family-owned ice cream business.
The trial judge ordered the majority shareholder to sell her shares to the minority shareholder for fair market value.
On appeal, the appellants argued the trial judge ignored the majority shareholder's reasonable expectations, her security interest in the business, and the minority shareholder's alleged misappropriation of a corporate opportunity.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's factual findings or application of the law, including the conclusion that the appellants were more responsible for the deadlock.
Appeal from refusal to enforce letters rogatory dismissed; necessity and unavailability of evidence not established.
The appellant appealed an order refusing to enforce letters rogatory from California that would have required the respondents to be examined under oath in Ontario.
The Court of Appeal upheld the application judge's finding that the appellant failed to establish the necessity of the examinations or that the evidence was not otherwise obtainable.
Motions by both parties to introduce fresh evidence were dismissed, as the evidence was peripheral and not capable of affecting the outcome.
The appeal was dismissed with costs.
