Facts: Maurice Swan, as chair of Nickel 28 Capital Corp.'s AGM, and Pelham Investment Partners LP disputed over the nomination of directors for the upcoming AGM. Pelham failed to comply with the advance notice requirements for nominating directors, leading to Swan concluding their notice was deficient and could not nominate their slate.
Issue: The core issue was whether the court should allow Pelham’s slate of directors to be considered at the AGM despite failing to meet the advance notice requirements for nominating directors as per the company's Articles.
Court’s Ruling: The court granted Maurice Swan’s petition, confirming that Pelham’s advance notice did not comply with the Articles, and thus, their nominees could not be considered at the AGM. The court dismissed Pelham’s relief requests, including appointing an independent chair for the AGM and waiving the advance notice deficiencies.
Costs/Damages Awarded: The court’s decision on costs was not specified in the provided excerpts, so it is unclear if any costs or damages were awarded to the successful party.
