Supreme Court

Decision Information

Decision Content

                               SUPREME COURT OF NOVA SCOTIA

            Citation: Matthews v. Ocean Nutrition Canada Ltd., 2012 NSSC 142

 

Date:  20120412

Docket:  Hfx No. 353606

Registry:  Halifax

 

 

Between:

 

David Matthews

 

Applicant

v.

 

Ocean Nutrition Canada Limited, Martin Jamieson,

Daniel Emond and Richardson Capital Limited

 

Respondents

 

 

 

 

 

LIBRARY HEADING

 

 

 

 

Judge:                            The Honourable Justice Michael J. Wood

 

Heard:                            March 1, 2012, in Halifax, Nova Scotia

 

Written Decision:  April 12, 2012

 

Subject:                          Practice - Conversion from Application to Action

Practice - Summary Judgment

Corporations - Oppression Remedy under Canada Business Corporations Act

 


Summary:                      The applicant resigned as vice-president of Ocean Nutrition Canada Limited and alleged that he was constructively dismissed.  He also claimed that he was forced out to avoid obligations under an executive incentive agreement.  Individual officers of Ocean Nutrition were named as parties.

 

Issue:                    Should the claims against the individual corporate officers and Richardson Capital Limited be struck out?

 

Should the applicant’s claim for oppression be dismissed?

 

Should the application be converted to an action?

 

 

Result:                            The pleadings did not disclose a cause of action against the individual officers and summary judgment was granted striking out those claims.

 

The oppression claim under the CBCA is an equitable remedy which depends on all of the circumstances.  The applicant was able to show that the claim had some chance of success in the circumstances, and so summary judgment on this aspect of the claim was dismissed.

 

The respondent was unable to satisfy the Court that the applicant’s choice to proceed by way of application in court should be interfered with.  There was no significant advantage in proceeding by action, and so the motion to convert the proceeding was dismissed.

 

 

 

THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION.  QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.