The plaintiffs allege that the companies' articles mistakenly listed their shares in two companies as non-participating when in fact it was agreed that they were to be participating, entitling them to dividends and a share of assets upon dissolution.
Their brother attempted to pursue a Counterclaim that sought to turn the plaintiffs’ narrow claim into a wide-ranging and disparate proceeding raising new causes of action dating back decades. The Counterclaim also sought to add two additional parties, the plaintiffs’ other brother who has advanced stage dementia and their 90+ year old mother.
The Counterclaim was found to be insufficiently connected to the action, and all other discretionary factors were decided in the plaintiffs’ favour. The Counterclaim was struck. The Plaintiffs were also successful in opposing the admission of an affidavit filed after the hearing adjourned but before it completed. The matter is now scheduled for a 14-day trial.
The plaintiffs were represented by Tracey M. Cohen, KC and Cindy Phillips.
Jurisdiction
- British Columbia
