Mottillo

Peter A. Simm researched and drafted the Law portion of the winning Factum for the Moving Parties (Defendants) in Mottillo  (2017). This was a Motion to strike — and for partial Summary Judgment dismissing — claims that sought $250,000 and 10% of equity in a valuable corporation.

This motion, under Rules 20 and 21, finally disposed of the Plaintiff’s claims for an OBCA  oppression remedy and for breach of fiduciary duty. Also, as requested by the Moving Parties (Defendants), Justice Mitchell’s Order formally declared that certain share option agreements are binding on the Plaintiff in accordance with their respective terms. In granting that declaratory relief, the Court disposed of the Plaintiff’s contract-law arguments that were based on alleged non est factum, lack of independent legal advice, and lack of consideration.

Mottillo  has been cited in 6 legal textbooks, and by a 2018 Ontario Superior Court decision.

Full cite: Mottillo v. O.E. Canada Inc.,  2017 ONSC 3557, [2017] O.J. No. 2973, 2017 CarswellOnt 8872 (Ont. Sup. Ct.), per Mitchell J.; costs endorsement, 2017 ONSC 6444. (Orally argued by R. Taylor.)