In the absence of express family law legislation, to what extent must long standing principles of company, fiduciary and property law yield to satisfy a personal spousal obligation of a shareholder in circumstances involving innocent shareholders and creditors? — Whether company assets should be made available to satisfy a spousal obligation of a shareholder/director in the absence of fraud and in circumstances involving innocent third party minority shareholders? — To what extent can a court effectively order a director to act in a manner prohibited by statute, fiduciary company law or in breach of a Unanimous Shareholder Agreement? — dismissed 06/25/2020 — Supreme Advocacy acted as agents for the Respondent.
Read the lower court decision from the ABCA here.