Imperial Ace Capital Group Inc v. Accencis Investment Corp
Imperial Ace Capital Group Inc.
Law Firm / Organization
Thornton Grout Finnigan LLP
Lawyer(s)

Alexander Soutter

Accencis Investment Corp.
Law Firm / Organization
DLA Piper (Canada) LLP
Lawyer(s)

Danny Manuel Nunes

2699132 Ontario Inc.
Law Firm / Organization
DLA Piper (Canada) LLP
Lawyer(s)

Danny Manuel Nunes

11714872 Canada Ltd.
Law Firm / Organization
Phoenix Law LLP
Lawyer(s)

Aziza Hirsi

Key Issues:

  • The Respondents sought to add language to a court order regarding the return of shares, which they argued should be included based on prior rulings.
  • The Plaintiff, Imperial Ace Capital Group Inc., denied any obligation to return shares, arguing the issue was never litigated in the original proceedings.

Court’s Decision:

  • Justice Osborne ruled in favor of Imperial Ace Capital Group Inc., rejecting the Respondents' request to include language about share return, as this matter had not been previously litigated or addressed.
  • The court determined that adding such language would unfairly prejudice the Plaintiff, as they were not given an opportunity to argue the issue.

Monetary Award:

  • The court ordered the Defendants to pay $30,000 in total:
    • $18,000 from Accencis Investment Corp. and related parties.
    • $12,000 from 11714872 Canada Inc.
  • Each party was responsible for bearing their own legal costs for this motion.
Superior Court of Justice - Ontario
CV-24-00713067-00CL
Corporate & commercial law
$ 30,000
Applicant
18 January 2024