This action arose from a shareholder dispute following the departure of a senior officer and shareholder, Richard Tisi, and an employee, Ian MacArthur, from The Prim8 Group Inc. Prim8 sued Tisi and MacArthur for breach of fiduciary duty, breach of good faith and loyalty, conversion, inducing breach of contract, conspiracy, and intentional interference with economic relations, alleging wrongful removal of assets and impediment of access to client websites.
Tisi counterclaimed for loan repayment, dividends, financial statements, compensation, and ownership of the Content Management System (CMS).
The court found Tisi liable for breach of fiduciary duty, conversion of Prim8 assets (including the CMS), and inducing MacArthur's breach of employment contract.
Both Tisi and MacArthur were found jointly and severally liable for breach of contract (duty of good faith and loyalty) and unlawful conduct conspiracy related to MacArthur's departure.
Prim8's claims for intentional interference with economic relations and punitive damages were dismissed.
On the counterclaim, Tisi was awarded repayment of $2,500 in loans, but his other claims, including ownership of the CMS and claims against Kirwin and Wright, were dismissed.
