locicero v. b.a.c.m. industries ltd., [1988] 1 S.C.R. 399
B.A.C.M. Industries Limited Appellant
v.
Louis L. LoCicero, John Murray Ravin and Rita Ravin Respondents
indexed as: locicero v. b.a.c.m. industries ltd.
File No.: 19830.
1988: March 23.
Present: Estey, McIntyre, Wilson, Le Dain and La Forest JJ.
on appeal from the court of appeal for manitoba
Courts ‑‑ Jurisdiction ‑‑ Corporations ‑‑ Determination of fair market value of shares ‑‑ Appellate court varying disposition at trial ‑‑ No error shown on part of trial judge ‑‑ Appeal allowed.
APPEAL from a judgment of the Manitoba Court of Appeal (1986), 1986 4053 (MB CA), 38 Man. R. (2d) 134, 25 D.L.R. (4th) 269, [1986] 3 W.W.R. 152, allowing an appeal from a judgment of Monnin J. (1984), 1984 3804 (MB QB), 31 Man. R. (2d) 208, and varying his disposition of the matter. Appeal allowed.
Alan Sweatman, Q.C., and Douglas Abra, for the appellant.
Israel Ludwig and Paul Riccardi, for the respondents.
The judgment of the Court was delivered orally by
- Estey J.‑‑The majority of the Court of Appeal varied the disposition at trial with reference to the valuation of these shares, the related compensation, and interest. There has been no demonstration of any error in the disposition of these issues by the trial judge. Accordingly the appeal is allowed, the judgment of the Court of Appeal set aside, and the judgment of the trial judge is restored with costs to the appellant here and in the courts below.
Judgment accordingly.
Solicitors for the appellant: Thompson, Dorfman, Sweatman, Winnipeg.
Solicitors for the respondents: Goldberg, Smordin & Ludwig, Winnipeg.