This week the Supreme Court of Canada will hear one civil case to do with governing principles of directors’ personal liability, a criminal case, and three cases dealing with Aboriginal rights (two concerning the National Energy Board’s consultations with Aboriginal groups, and one with freedom of religion).
November 29 – Quebec – Wilson v. Alharayeri
Civil: The respondent was chief executive officer and a major shareholder of a corporation, Wi2Wi, which specialized in manufacturing Wi-Fi modules. In 2007 Wi2Wi, which was suffering financially, decided to merge with another business. While negotiating the merger the respondent decided to negotiate separately the sale of his own shares in Wi2Wi, but when the Wi2Wi directors learned of this it triggered the respondent’s resignation as CEO, and no merger or share-purchase transactions resulted. The directors then proceeded with a private placement of convertible secured notes, and as a result the proportion of the common shares owned by the respondent was significantly reduced; he eventually brought an action for oppression against the corporate directors.