The appellant, Interhealth Canada Limited, appealed a trial decision dismissing its claims against its former CEO, Michael O’Keefe, and Canadian Hospitals Network International Inc. (CHNI) for breach of fiduciary duty and diversion of corporate opportunities.
The appellant alleged O’Keefe diverted two maturing opportunities (HIH Opportunity and Cromwell Opportunity) to CHNI after his resignation.
The appeal also raised process-related issues, including a "trial by stopwatch" and the dismissal of a recall motion.
The Court of Appeal dismissed the appeal, upholding the trial judge's findings that the opportunities did not fairly belong to the appellant and were fundamentally different from those the appellant pursued.
The court also found no prejudice from the trial management and upheld the recall motion dismissal.
