The applicant and respondent, who are brothers and equal shareholders in several corporations, commenced competing proceedings alleging oppression, misappropriation of funds, and breaches of fiduciary duty.
The respondent brought a motion to convert the applicant's application into an action and consolidate it with his own action.
The court granted the motion, finding that the extensive factual disputes, serious allegations of dishonesty, and need for credibility assessments required a full trial with oral evidence.
The proceedings were consolidated to avoid a multiplicity of proceedings and inconsistent judicial findings.
