Plaintiff
Defendant
Background:
Chet Kenneth Flanagan, co-founder and former Chief Operating Officer of VINN Automotive Technologies Limited, sued VINN for wrongful dismissal. He also brought tort claims against VINN's directors, including Levi Caleb Bernabe, Thomas Glen Greggs Avant, Samuel Foster Archibald, and representatives of iNovia Capital GP-2018 Inc., Karamdeep Nijjar and Hans Knapp. The lawsuit arose after iNovia reduced its $10 million investment to $3 million upon discovering VINN’s misrepresented sales figures. Flanagan alleged that he was scapegoated for these misrepresentations and was constructively dismissed in October 2022.
Legal Arguments/Issues:
Flanagan's claims included breach of contract, civil conspiracy, negligence, breach of fiduciary duty, intentional interference with economic relations, and inducing breach of contract. The defendants moved to strike all claims except the wrongful dismissal.
Court’s Decision:
The court dismissed Flanagan’s tort claims of breach of fiduciary duty, negligence, intentional interference with economic relations, and inducing breach of contract, finding no material facts to support them. However, the court allowed the civil conspiracy claim to proceed, noting it was sufficiently pleaded. The wrongful dismissal claim was not challenged in this application.
Costs:
The court awarded costs to the defendants, noting they were substantially successful in their application. Costs were ordered at Scale B, but no special costs were awarded. No specific monetary award was mentioned.
Court
Supreme Court of British ColumbiaCase Number
S233320Practice Area
Employment lawAmount
Winner
DefendantTrial Start Date
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