Supreme Court

Decision Information

Decision Content

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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