McDonald & Bychkowski Ltd. v. Lougheed et al., 2015 ABQB 792

McDonald & Bychkowski v. Lougheed, [2015] A.R. TBEd. DE.119

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Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. DE.119

McDonald & Bychkowski Ltd. operating as CMB Insurance Brokers (plaintiff) v. Kevin Lougheed, Cheryl Talbott, Patricia Semeniuk, Gail Tory and McLean & Shaw Insurance Inc. (defendants)

(1203 00841; 2015 ABQB 792)

Indexed As: McDonald & Bychkowski Ltd. v. Lougheed et al.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Schlosser, Master

December 14, 2015.

Summary:

Three of the plaintiff's employees (the defendants Lougheed, Talbott, and Semeniuk) went to work for the defendant, McLean & Shaw Insurance Inc. The defendant, Tory, was the owner of McLean & Shaw. A rule 3.68 application was brought to strike the claim against Tory. Tory said that all times she was working as a director or an officer of McLean & Shaw and that there was no basis for an action against her personally.

A Master of the Alberta Court of Queen's Bench stated that "Without alleging anything more than an identity of interest and acts, the action against Gail Tory for inducing breach of contract, fiduciary duty or confidentially have no reasonable prospect of success. It is one or the other: her or McLean & Shaw, on the facts as pleaded. These allegations against the applicant are struck. Ms. Tory is, however, alleged to have been a co-conspirator with Lougheed, Talbott, Semeniuk, and McLean & Shaw. There is no legal bar to these allegations on this type of liability. This portion of the application is dismissed."

Company Law - Topic 4181

Directors - Liability of directors - General - See paragraphs 24 to 35.

Company Law - Topic 4561

Officers and agents - Liability - General - See paragraphs 24 to 35.

Practice - Topic 2208

Pleadings - Striking out pleadings - Application for - Evidentiary limitations - See paragraphs 11 to 15.

Counsel:

R. James (Parlee McLaws), for the plaintiff;

Cristina Wendel (Dentons), for the defendants.

This application was heard on September 15, 2015, before Schlosser, Master, of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on December 14, 2015.