Context: Hougen Co. Ltd. (Petitioner) vs. Ming Su and Toyomoto Canada Supply Chain Inc. (Respondents).
Background: Hougen sought to sue in the name of Toyomoto, a company where Hougen is a shareholder. Hougen alleged that Ming Su, a director of Toyomoto, mismanaged the company and misappropriated corporate opportunities/assets.
Issue: Hougen filed a Notice of Civil Claim (NOCC) without court leave, which Ming Su contested as a nullity or abuse of process.
Court’s Decision: The court found the NOCC null and void, as it was filed without required leave under the Business Corporations Act. Hougen's action was seen as unilateral and without proper authority.
Nunc Pro Tunc Application: Hougen sought a nunc pro tunc order (retroactive validation) for the NOCC. The court rejected this, emphasizing statutory requirements and potential prejudice to the defendants.
Costs: Special costs were awarded to Ms. Su due to Hougen's conduct. Financial terms not secified.
