JM Food Services Ltd. v. Waheed
JM Food Services Ltd.
Law Firm / Organization
Freshslice Pizza
Lawyer(s)

Vincent Li

Freshslice Holdings Ltd.
Law Firm / Organization
Freshslice Pizza
Lawyer(s)

Vincent Li

RFSP Equipment & Operating Inc.
Law Firm / Organization
Freshslice Pizza
Lawyer(s)

Vincent Li

A&M Enterprise Ltd.
Law Firm / Organization
Freshslice Pizza
Lawyer(s)

Vincent Li

1015214 B.C. Ltd.
Law Firm / Organization
Freshslice Pizza
Lawyer(s)

Vincent Li

RF Franchising Inc.
Law Firm / Organization
Freshslice Pizza
Lawyer(s)

Vincent Li

The Trustees of the Freshslice Family Trust
Law Firm / Organization
Freshslice Pizza
Lawyer(s)

Vincent Li

Tariq Waheed
Law Firm / Organization
Not Specified
Lawyer(s)

D. Grunder

0923063 B.C. Ltd.
Law Firm / Organization
Not Specified
Lawyer(s)

D. Grunder

Background:
Tariq Waheed and 0923063 B.C. Ltd. sued JM Food Services Ltd. and related entities, alleging fraudulent conveyances to avoid satisfying a $324,000 judgment from a 2019 breach of franchise agreement case. 0923063 B.C. Ltd. was dissolved at the time of filing the fraudulent conveyance claim and restored two years later, prompting disputes over limitation periods.

Legal Issues:

  1. Fraudulent Conveyance: The appellants allegedly transferred assets without consideration to hinder creditors. The trial court ruled in favor of the respondents.
  2. Corporate Restoration and Limitation Period: The appellants argued that the limitation period expired during the dissolution, giving them a right to dismissal. The trial judge held that restoration retroactively validated the claim.

Court of Appeal Findings:
The Court of Appeal reversed the trial judge's interpretation, holding that the Business Corporations Act's retroactive effect on restoration does not override rights acquired during dissolution, including a right to dismiss based on expired limitation periods. The issue of whether the limitation period had actually expired was remitted to trial.

Outcome and Costs:
The appeal was allowed, and the trial court’s orders regarding 0923063 B.C. Ltd. were set aside. The fraudulent conveyance findings against JM Food Services Ltd. were not appealed. The total costs or awards related to this decision were not specified.

Court of Appeals for British Columbia
CA49562
Corporate & commercial law
Appellant