SUPREME COURT OF NOVA SCOTIA
Citation: Heydari v. Ingram, 2010 NSSC 110
Date: 20100329
Docket: Hfx No. 311746
Registry: Halifax
Between:
Katayoun Heydari Plaintiff
and
Paul Ingram and Rebecca Ingram Defendants
and
Ali Nejat Third Party
LIBRARY HEADING
Judge: The Honourable Justice Gerald R. P. Moir
Heard: January 21, 2010
Subject: Company law, dividends, equal entitlement; Summary judgment
Summary: Two shareholders worked for the company and others were passive investors. An accountant advised that the working shareholders' shares should be in a separate class and they should be paid by dividends. Their remuneration was recorded as dividends, but a special class of shares never got issued. A passive shareholder sued the working shareholders for her equal share of dividends. The working shareholders defended on the bases that she was bound by her husband's agreement to issuing a special class of shares and that her claim, if any, was against the company, not them.
Issues: Whether the plaintiff had clearly proven her claim.
Result: She had not. The defendants' evidence raised genuine issues of fact requiring trial
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