Kapila v. Merit Interior Designs (Duncan) Ltd.
Merit Interior Designs (Duncan) Ltd.
Law Firm / Organization
Church & Company
Raj Kumari Kapila
Law Firm / Organization
McQuarrie Hunter LLP
This decision concerned two proceedings between Merit Interior Designs (Duncan) Ltd. and Rajinder Kapila. The first was a petition filed by Raj in December 2017 alleging oppression, while the second was an action filed by Merit Duncan in March 2018 alleging fraud and breach of fiduciary duty. Raj sought to amend his pleadings in both proceedings, and while some amendments were unopposed, others raised issues of limitation periods and inconsistent pleading. Merit Duncan consented to converting the petition proceeding into an action but opposed certain amendments. The trial for both proceedings was set to begin on November 20, 2023. In the Shareholder Action, the proceeding was converted to an action with Rajinder Parshad Kapila (Raj) being substituted as the plaintiff. Jagjit Singh Sandhu (Jeet) was added as a defendant. Raj was granted leave to file a notice of civil claim with certain exceptions and was required to provide a draft to Merit Duncan's counsel for review. Merit Duncan and Jeet were to file responses to the civil claim, and costs relating to the claim for wrongful dismissal and claims against Jeet would be determined by the trial judge. Merit Duncan was awarded costs for this application. In the Merit Duncan Action, Raj was granted leave to amend the response to the civil claim with specified exceptions. Raj was required to provide a draft to Merit Duncan's counsel for review, and costs for this application were awarded to Merit Duncan. No financial information was specified as part of the case.
Supreme Court of British Columbia
S214076
Corporate & commercial law
Respondent