Case information
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34630
Melvin Sumner v. PCL Constructors Inc., et al.
(Alberta) (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) |
|---|---|---|
| 2012-07-03 | Close file on Leave | |
| 2012-06-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-06-29 | Judgment on leave sent to the parties | |
| 2012-06-28 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1103-0032-AC, 2011 ABCA 326, dated November 22, 2011, is dismissed with costs. Dismissed, with costs |
|
| 2012-05-07 | All materials on application for leave submitted to the Judges, CJ Ro Mo | |
| 2012-02-28 | Applicant's reply to respondent's argument, Completed on: 2012-02-28 | Melvin Sumner |
| 2012-02-21 | Respondent's response on the application for leave to appeal, Completed on: 2012-02-21 | PCL Constructors Inc. |
| 2012-01-24 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2012-01-23 | Application for leave to appeal, Final C/A order missing - Rec'd on February 2, 2012, Completed on: 2012-01-23 | Melvin Sumner |
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 |
|---|---|---|
| Sumner, Melvin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| PCL Constructors Inc. | Respondent | Active |
| PCL Employees Holdings Ltd. | Respondent | Active |
Counsel
Party: Sumner, Melvin
Counsel
201-93 McLeod Street
Spruce Grove, Alberta
T7X 2Z9
Telephone: (780) 962-9700
FAX: (780) 962-9329
Email: dggroh@telus.net
Agent
397 Gladstone Avenue
Suite1
Ottawa, Ontario
K2P 0Y9
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: PCL Constructors Inc.
Counsel
Jeremy D. Taitinger
3200 - 10180, 101 St. N.W.
Edmonton, Alberta
T5J 3W8
Telephone: (780) 425-9510
FAX: (780) 429-3044
Email: fkozak@rmrf.com
Agent
Unit #2
Gatineau, Quebec
J9H 7K8
Telephone: (819) 778-7794
FAX: (819) 778-1740
Email: msobkin@sympatico.ca
Party: PCL Employees Holdings Ltd.
Counsel
Jeremy D. Taitinger
3200 - 10180, 101 St. N.W.
Edmonton, Alberta
T5J 3W8
Telephone: (780) 425-9510
FAX: (780) 429-3044
Email: fkozak@rmrf.com
Agent
Unit #2
Gatineau, Quebec
J9H 7K8
Telephone: (819) 778-7794
FAX: (819) 778-1740
Email: msobkin@sympatico.ca
Summary
Keywords
None.
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 – Corporations – Unanimous shareholder agreements – Remedies – Remedies available to shareholders who are parties to unanimous shareholder agreements when a corporation through its officers or directors fails to comply with the unanimous shareholder agreement – Whether affected shareholders are limited to a contractual remedy or whether they have broader remedies available under the compliance provisions of the business corporations legislation, including the right to recover damages in appropriate cases – Business Corporations Act, R.S.A. 2000, c. B-9, s. 248.
The rights of the shareholders of the respondent PCL Employees Holdings Ltd. are covered by a unanimous shareholder agreement. Among other things, the agreement includes provisions that enable the respondent to buy back the shares held by individuals who cease to be employed by the PCL group of companies. In November of 2001 the applicant, an employee, went on sick leave due to a cardiac condition and other issues. After the applicant had been away from work for six months, the respondent sent him a letter triggering the repurchase of his shares. The applicant brought an action claiming that the respondent was not entitled to require him to sell his shares back to the company.
The trial judge allowed a post-trial amendment to plead relief under s. 248 of the Business Corporations Act. He then awarded the applicant $1,493,100 in damages for breach of the unanimous shareholder agreement. The Court of Appeal allowed the appeal with respect to the share repurchase. The damage award made under s. 248 of the Business Corporations Act was set aside.
Lower court rulings
Court of Queen’s Bench of Alberta
0503 17447, 2010 ABQB 536
Action allowed
Court of Queen’s Bench of Alberta
0503 17447, 2011 ABQB 20
Application to amend pleadings allowed in part
Court of Appeal of Alberta (Edmonton)
1103-0032-AC, 2011 ABCA 326
Appeal allowed in part
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 613‑996‑7933 or at 1‑888‑551‑1185.
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 613‑996‑7933 or at 1‑888‑551‑1185.
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 613‑996‑7933 or at 1‑888‑551‑1185.
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
Not available