BETWEEN:
MCUE ENTERPRISES CORP., d/b/a Di Da Di Karaoke Company,
VITUS WAI-KWAN LEE and YUK SHI (TOM) LO
and
ENTRAL GROUP INTERNATIONAL INC.
and
TC WORLDWIDE LTD
Heard at Vancouver, British Columbia, on March 29, 2007.
Judgment delivered from the Bench at Vancouver, British Columbia, on March 29, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
Docket: A-272-06
Citation: 2007 FCA 130
CORAM: NADON J.A.
SHARLOW J.A.
PELLETIER J.A.
BETWEEN:
MCUE ENTERPRISES CORP., d/b/a Di Da Di Karaoke Company,
VITUS WAI-KWAN LEE and YUK SHI (TOM) LO
Appellants
and
ENTRAL GROUP INTERNATIONAL INC.
and
TC WORLDWIDE LTD
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia, on March 29, 2007)
[1] This is an appeal from a judgment of the Federal Court (2006 FC 671) dismissing the motion of the appellants for an order striking the claim of the respondents against the individuals who are directors of the corporate appellant. The judge found the pleadings to be sufficient to allege tortious conduct by the individual appellants. We are not persuaded that the judge erred in law in reaching that conclusion, and we are all of the view that the record discloses no error that warrants the intervention of this Court. This appeal will be dismissed with costs.
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-272-06
STYLE OF CAUSE: MCUE ENTERPRISES CORP. ET AL v.
ENTRAL GROUP INTERNATIONAL INC.
ET AL
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: March 29, 2007
REASONS FOR JUDGMENT BY: NADON, J.A.
SHARLOW J.A.
PELLETIER, J.A.
DELIVERED FROM THE BENCH BY: SHARLOW J.A.
DATED: March 29, 2007
APPEARANCES:
Paul Smith FOR THE APPELLANTS
Lawrence Chan
Stephen Selznick FOR THE RESPONDENTS
SOLICITORS OF RECORD:
|
Paul Smith Intellectual Property Law Vancouver, B.C. |
FOR THE APPELLANTS |
|
Cassels Brock & Blackwell LLP Toronto, Ontario |
|