Petersen v. Hawley
Kerry Hawley
Law Firm / Organization
Hamilton Duncan Law Corporation
Vital Holdings Ltd.
Law Firm / Organization
Watson Goepel LLP
Lawyer(s)

Timothy D. Goepel

Mega Cranes Ltd.
Law Firm / Organization
Watson Goepel LLP
Lawyer(s)

Timothy D. Goepel

Kelly Petersen
  • Facts: In "Petersen v. Hawley," Kelly Petersen and Kerry Hawley, twin brothers and shareholders in the Mega Group of Companies, are embroiled in a legal dispute. Petersen seeks interim relief from alleged oppressive actions by Hawley, including restoration of salary and company benefits, access to corporate records, and restrictions on Hawley's actions regarding company assets and transactions.
  • Issue: The case centers on whether Petersen is entitled to the interim relief he seeks based on his claims of having a 50% interest in the companies, and whether his removal and the conduct of Hawley were oppressive.
  • Court’s Ruling: The court dismissed Petersen's application for interim relief, finding he did not demonstrate a strong prima facie case of oppression or unfair prejudice. It was ruled that Petersen's expectations as a shareholder were not objectively reasonable, and he failed to establish that he would suffer irreparable harm without the injunction.
  • Costs/Damages Awarded: The respondents, including Hawley and the involved companies, were awarded costs on Scale B, meaning they are entitled to recover a portion of their legal costs from Petersen, the amount of which would be determined according to the court's standard scale of costs. Financial terms were not specified.
Supreme Court of British Columbia
S209349
Corporate & commercial law
Respondent