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.
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