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Civil Litigation & Disputes

• In the fall of 2020, Douglas W. Judson acted for the estate of a deceased shareholder in a family-owned corporation. The shares in the corporation were subject to a unanimous shareholders' agreement entitling the estate of a deceased shareholder to have their shares purchased by the surviving shareholders for their market value. The surviving shareholders denied the existence of the agreement and refused to purchase the estate's shares. Mr. Judson brought an application for an oppression remedy under section 248 of the Ontario Business Corporations Act. He was successful obtaining orders from the Ontario Superior Court of Justice upholding the agreement and requiring the purchase of the shares. Reasons reported at 2020 ONSC 7225 and 2021 ONSC 493.

• In June 2022, Douglas W. Judson acted on behalf of defendants in a civil action commenced by an aged farmer and continued by his estate representative. The claim alleged that various farm properties had been transferred to the defendants fraudulently, over 20 years earlier. At trial, the plaintiff was unable to produce any evidence of fraud and the court found that their evidence was entirely self-serving. The trial judge dismissed the claims against Mr. Judson's clients, and awarded them their costs, two-thirds of which were to be payable by the estate representative personally. Reasons reported at 2022 ONSC 4550 and 2022 ONSC 6684.

• In summer 2022, Douglas W. Judson acted for a shareholder and director of a recently-dissolved corporation that was a victim of bank frauds committed by another shareholder-director. The other shareholder had forged the client's signature on a loan agreement that made him personally liable for the repayment of funds to the lender. Other frauds had resulted in a significant overdraft on the corporate bank account, which the client had to personally settle with the bank. Mr. Judson obtained orders from the Ontario Superior Court of Justice setting aside the personal guarantee of the loan, requiring the repayment to his client of various amounts owing, and awarding punitive damages. Reasons reported at 2022 ONSC 5470. 

Municipal Law & Public Accountability