Joe Thorne1 and Clara Linegar2
As joint owners of a business, what do you do when the business
relationship falls apart? And what if one owner undermines the
business in the process?
In Smith v Hillier,3 Justice Paquette
dealt with the situation that arises when a business relationship
turns sour and the only two shareholders are at a
standoff.
Background
Bradley Smith and R. Wayne Hillier were the only shareholders of
the corporation SMART! Industrial Solutions Inc.
("SMART!"). SMART! was in the business of design and
installation of industrial shelving and storage systems. It also
leased and serviced forklifts.
Both parties were involved in other businesses separate from
SMART!. Smith owned and operated 3 businesses, including one that
sold and serviced forklifts and another that was the landlord for
the rental property in which SMART! operated. Hillier was a
long-time sales manager for a large company, working in the area of
industrial storage
