Oswald v. Start Up SRL
Nevil Oswald
Law Firm / Organization
Not Specified
Lawyer(s)

E.J.S. Aitken

Start Up SRL
Law Firm / Organization
Clark Wilson LLP
  • Facts: The case involved shareholders of ICTC Holdings Corporation, with the core dispute over the validity and enforceability of a memorandum of understanding (MOU) and allegations of fraudulent misrepresentations by the defendants related to the financials of a subsidiary.
  • Issues/Main Discussion: The court examined whether the MOU was a valid and enforceable agreement and addressed allegations of fraudulent misrepresentations.
  • Ruling: The MOU was found to be valid and enforceable. The plaintiffs were granted specific performance of the MOU, and the counterclaim by Start Up was dismissed. The court awarded special costs to the plaintiffs due to Start Up's unfounded and recklessly made allegations of fraudulent misrepresentation.
  • Amount Awarded: The plaintiffs were entitled to special costs, to be assessed if not agreed upon by the parties.
Supreme Court of British Columbia
S166959
Corporate & commercial law
Plaintiff