Hein Poulus, KC and Kelly Ann Maw recently acted for the majority shareholder respondents in Isoflex USA v Webster, 2026 BCSC 984, a shareholder dispute involving a British Columbia company.
The petitioner, a minority shareholder in the company, commenced proceedings alleging oppression and seeking the dissolution or winding up of the company. On behalf of the majority shareholder respondents, Hein and Kelly Ann successfully applied to have the petition converted to an action and referred to the trial list.
In granting the application, Justice Marzari concluded that the dispute raised significant triable issues involving conflicting evidence, credibility assessments, and the parties’ respective expectations concerning the governance and operation of the company, and determined that the matter would require the full procedures available in an action. The Court also found significant factual and legal overlap with related proceedings and concluded that proceeding by way of an action would reduce the risk of inefficiency and procedural complexity.