Leifso v. BevCanna Enterprises Inc.
BevCanna Enterprises Inc.
Law Firm / Organization
Bennett Jones LLP
Embark Health Inc.
Law Firm / Organization
Bennett Jones LLP
Bruce Dawson-Scully, in his capacity as the Shareholder Representative of Embark Health Inc.
Law Firm / Organization
Bennett Jones LLP
Curtis Leifso
Law Firm / Organization
Borden Ladner Gervais LLP (BLG)
Andrew Wong
Law Firm / Organization
Borden Ladner Gervais LLP (BLG)

Background: The case involved Curtis Leifso and Andrew Wong (petitioners) against BevCanna Enterprises Inc., Embark Health Inc., and Bruce Dawson-Scully (respondents). The petitioners argued they were entitled to shares in BevCanna following the sale of their company, Axiomm Technologies Inc., to Embark, which was later sold to BevCanna.

Issues: Central issues included allegations of oppressive conduct by the respondents, who reportedly refused to transfer BevCanna shares to the petitioners. Additionally, the respondents counterclaimed that the petitioners had misrepresented intellectual property and business milestones.

Court’s Analysis: The court addressed the admissibility of hearsay evidence presented by the respondents and considered a stay of proceedings in BC pending the outcome of a related lawsuit in Alberta. The court found the affidavits submitted by the respondents inadmissible and dismissed their application for a stay, allowing the BC case to proceed independently.

Held: The BC Supreme Court dismissed the stay application, ordering the respondents to respond to the petition within 21 days. Costs were awarded to Curtis Leifso and Andrew Wong, though the exact total amount was not specified in the document.

Costs/Damages: The document did not specify the total amount of costs or damages awarded to Curtis Leifso and Andrew Wong. It only mentioned that costs for the application were awarded to them, without providing a specific figure.

Supreme Court of British Columbia
S223772
Corporate & commercial law
Petitioner