Case information
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33134
Blue Line Hockey Acquisition Co., Inc., et al. v. Francesco Aquilini, et al.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2009-07-22 | Close file on Leave | |
| 2009-07-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-07-17 | Judgment on leave sent to the parties | |
| 2009-07-16 |
Judgment of the Court on the application for leave to appeal, The application for an extension of time is granted and the application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA035780, 2009 BCCA 34, dated February 3, 2009, is dismissed with costs. Dismissed, with costs |
|
| 2009-07-16 |
Decision on motion to extend time to file and /or serve the leave application, See judgement. Granted |
|
| 2009-06-15 | All materials on application for leave submitted to the Judges, LeB De Cro | |
| 2009-06-15 | Submission of motion to extend time to file and/ or serve the leave application, LeB De Cro | |
| 2009-06-04 | Applicant's reply to respondent's argument, Completed on: 2009-06-04 | Blue Line Hockey Acquisition Co., Inc. |
| 2009-05-25 | Respondent's response on the application for leave to appeal, Completed on: 2009-05-25 | Francesco Aquilini |
| 2009-04-28 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2009-04-24 | Motion to extend the time to file and or serve the application for leave to appeal, Completed on: 2009-04-24 | Blue Line Hockey Acquisition Co., Inc. |
| 2009-04-24 | Book of authorities | Blue Line Hockey Acquisition Co., Inc. |
| 2009-04-24 | Application for leave to appeal, Completed on: 2009-04-24 | Blue Line Hockey Acquisition Co., Inc. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Blue Line Hockey Acquisition Co., Inc. | Applicant | Active |
| Northland Properties Corporation, Kery Ventures Limited Partnership, R. Thomas Gaglardi, Ryan K. Beedie, True North Hockey Limited Partnership and True North Arena Limited Partnership | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Aquilini, Francesco | Respondent | Active |
| Aquilini Investment Group, Inc., Aquilini Investment Group Limited Partnership, Tri Power Developments Limited Partnership, 0783612 B.C. Ltd. | Respondent | Active |
| Vancouver Hockey Limited Partnership, Vancouver Hockey General Partner Inc., Vancouver Arena Limited Partnership, Vancouver Arena General Partner Inc. and Vancouver Canucks Limited Partnership | Respondent | Active |
Counsel
Party: Blue Line Hockey Acquisition Co., Inc.
Counsel
Murray A. Clemens, Q.C.
Stephen R. Schachter, Q.C.
750 - 900 Howe Street
Vancouver, British Columbia
V6Z 2M4
Telephone: (604) 662-8840
FAX: (604) 684-1598
Email: inathanson@nst.bc.ca
Agent
1500 - 45, O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Email: sgomery@ogilvyrenault.com
Party: Northland Properties Corporation, Kery Ventures Limited Partnership, R. Thomas Gaglardi, Ryan K. Beedie, True North Hockey Limited Partnership and True North Arena Limited Partnership
Counsel
Murray A. Clemens, Q.C.
Stephen R. Schachter, Q.C.
750 - 900 Howe Street
Vancouver, British Columbia
V6Z 2M4
Telephone: (604) 662-8840
FAX: (604) 684-1598
Email: inathanson@nst.bc.ca
Agent
1500 - 45, O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Email: sgomery@ogilvyrenault.com
Party: Aquilini, Francesco
Counsel
David Brown
Howard Shapray, Q.C.
1700 - 666 Burard Street
Vancouver, British Columbia
V6C 2X8
Telephone: (604) 631-1300
FAX: (604) 681-1825
Email: hpoulus@stikeman.com
Agent
1600 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 566-0546
FAX: (613) 230-8877
Email: nmchaffie@stikeman.com
Party: Aquilini Investment Group, Inc., Aquilini Investment Group Limited Partnership, Tri Power Developments Limited Partnership, 0783612 B.C. Ltd.
Counsel
David Brown
Howard Shapray, Q.C.
1700 - 666 Burard Street
Vancouver, British Columbia
V6C 2X8
Telephone: (604) 631-1300
FAX: (604) 681-1825
Email: hpoulus@stikeman.com
Agent
1600 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 566-0546
FAX: (613) 230-8877
Email: nmchaffie@stikeman.com
Party: Vancouver Hockey Limited Partnership, Vancouver Hockey General Partner Inc., Vancouver Arena Limited Partnership, Vancouver Arena General Partner Inc. and Vancouver Canucks Limited Partnership
Counsel
David Brown
Howard Shapray, Q.C.
1700 - 666 Burard Street
Vancouver, British Columbia
V6C 2X8
Telephone: (604) 631-1300
FAX: (604) 681-1825
Email: hpoulus@stikeman.com
Agent
1600 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 566-0546
FAX: (613) 230-8877
Email: nmchaffie@stikeman.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Commercial law - Partnerships - Joint ventures - Carrying on business in common - Three businessmen working together towards possible purchase of 50 percent interest in Vancouver Canucks - One of men withdrawing from group and reaching agreement on his own for purchase of 50 percent interest - Trial judge dismissing action by former associates, claiming breach of fiduciary duty owed to them as partners - Contractual underpinning necessary to establish carrying on of a business in common so as to constitute legal relationship of partnership - Whether principles of Canadian Aero Service Ltd. v. O’Malley, [1974] S.C.R. 592, apply to prevent departing partner from usurping maturing business opportunity.
Three Vancouver businessmen worked together for some months towards the possible purchase of a 50 percent interest in the Vancouver Canucks. One of the three men, the defendant Mr. Aquilini, withdrew from the group and began discussions directly with the vendors’ principal. In very short order, he was able to reach an agreement for the purchase of a 50 percent interest, and an option to buy the remaining 50 percent. His former associates, the plaintiffs, Messrs. Gaglardi and Beedie, claim that in so doing, he breached a fiduciary duty owed to them as partners, either by wrongfully competing against them for the very objective of the partnership, or by appropriating a business opportunity belonging to it. Their action was dismissed at trial. The Court of Appeal upheld that decision.
Lower court rulings
Supreme Court of British Columbia
S050342, 2008 BCSC 27
Dismissed
Court of Appeal for British Columbia (Vancouver)
CA035780, 2009 BCCA 34
Dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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