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Date:
20070329
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
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.
Date:
20070329
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)
SHARLOW J.A.
[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.
"K.
Sharlow"
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
|
FOR THE RESPONDENTS
|