WestlawNext Canada insight Blog

Digest of the Week – Oppression Remedy Has No Application to Personal Disputes About Ownership of Assets

Digest of the Week – Oppression Remedy Has No Application to Personal Disputes About Ownership of Assets

The oppression remedy has no application to personal disputes about ownership of assets.



Ludwig v. Buzz Berry Productions II Inc.
2016 CarswellBC 1133
British Columbia Supreme Court


Business associations --- Specific matters of corporate organization — Shareholders — Shareholders' remedies — Access to corporate documents

Applicant wife and respondent husband, television writers and producers, were involved in production of three different television series through three different companies prior to separation in October 2012 — First company, owned solely by husband, was allowed to dissolve in November 2012 — Second company, jointly owned, was wound up in August 2013 — Third company, respondent company, was owned 49 per cent by wife and 51 per cent by husband — Both were directors — Wife was secretary and husband was president — In July 2013, parties entered separation agreement providing that all tax credits and tax returns respecting television series produced by respondent company, all funds remaining in two other companies and any profits from sales or distribution of three television series would be divided 49 per cent/51 per cent in favour of husband — Agreement made no provision for handling records or affairs of companies, but provided that all disputes should be resolved through negotiation, mediation and then arbitration — Wife brought application pursuant to s. 227 of Business Corporations Act ("Act") for orders requiring husband and companies to produce various documents or records in possession including external hard drives from computers, from storage — Wife also sought production of all banking records, correspondence concerning tax credits and tax returns and records and payments of all monies owing as result of tax rebates — Application dismissed — Disputes did not concern operation or affairs of respondent company, or husband's use of power as director to prejudice rights of wife as minority shareholder — They were personal disputes about ownership of assets to which oppression remedy in Act had no application — Disputes should be resolved through negotiation, mediation or arbitration in accordance with separation agreement.
© Copyright WestlawNext Canada, Thomson Reuters Canada Limited. All rights reserved.