owner of Holdco, wrongfully excluded Dale, a co-shareholder

GASTOPS LTD. C. FORSYTH,
2012 ONCA 134
• [50] (...) As of October 1996, GasTOPS was an industry leader in a
highly technical and specialized business with a small number of
very large customers. Its suite of programs, its existing customers,
its customized products, its potential business opportunities and its
related confidential and technical business information all had taken
some considerable years to develop. Mxl could and did use all this
to portray their product as simply the next iteration of the GasTOPS
suite of products, making it easy to attract large customers away
from GasTOPS into long-term relationships. All this was amply
demonstrated by the evidence. The trial judge’s conclusion was that
on these facts the damages for breach of the fiduciary duty imposed
on the four personal appellants and the duty of confidence imposed
on all of the appellants lasted ten years. That conclusion deserves
deference. In my view, it cannot be said to be unreasonable. In the
particular circumstances of this case, the appellants’ assertion that
the accounting period is not measured and proportional cannot be
sustained.
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