2000 B.C.J. No. 2433
Petition by the wife and children for an order winding up the closely held companies run by the husband. The husband and wife were married for 43 years and had three children. The husband incorporated several companies during the marriage. The shares of which were held by the various family members. In 1986, the wife discovered that her husband had a mistress. In 1987, the husband arranged for all of the voting shares of one of the companies, High County Holdings, to be transferred from the wife and children to him. The wife and children argued that this transfer of shares, along with other actions of the husband in relation to the companies constituted oppressive conduct towards them. They argued that the husband did not properly utilize the assets of the companies, kept improper records, improperly encumbered the assets of the companies and intimidated the family into signing over the shares to him.
Petition allowed. The credibility of the husband was questioned as a result of his failure to produce documents and his failure to provide evidence to support the financial decisions made by the companies. His actions were oppressive to the other family members.