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ARTICLE · 28 SEPTEMBER 2023

The Common Sense Option – ONCA Dismisses Appeal Over Stock-Option Grant

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Ontario's oppression remedy is, for better and for worse, notoriously flexible. Its elements cast an incredibly wide net and the court has carte blanche to make...

CanadaLitigation, Mediation & Arbitration
Mitchell C. Brown
Mitchell C. Brown
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Ontario's oppression remedy is, for better and for worse, notoriously flexible. Its elements cast an incredibly wide net and the court has carte blanche to make "any interim or final order it thinks fit" to address the oppression.1 While this breadth makes it a sensitive tool for a wide range of corporate disputes, it makes it equally susceptible to creative challenges or procedural hurdles.

In the recent Justein v. DeFi Technologies Inc., 2023 ONCA 615, the Court of Appeal reinforced a threefold "common sense" approach to adjudicating oppression claims too often mired in complexity and delay.

QUICK FACTS2

In November of 2020, DeFi Technologies Inc. ("DeFi") approved the grant of a 750,000 share option to Joseph Weinberg for his work as an advisor to the company. This grant was approved by a resolution of DeFi's board of directors, which also authorized DeFi's officers to take the necessary steps to carry out this grant. The grant was publicly announced the

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