A.I. Enterprises Ltd., et al. v. Bram Enterprises Ltd., et al. (May 22, 2013)
Case # 34863
Five members of a family were involved in the ownership, directorship and management of an apartment building in Moncton, N.B. One member of the family, the appellant, managed the building for a fee. In 2000, four members representing the majority decided to sell the building. The relationship between the parties was regulated by a “syndication agreement.” The agreement provided that if the majority decided to sell, the minority would have the right to purchase the building at its appraised value. The managing member disagreed with the sale. From spring 2000 to fall 2002, the majority tried to sell the building to interested third parties without success. Following this the managing member eventually purchased the property. The other members argued the managing member breached their obligations and acted unlawfully. The other members argued the managing member committed an economic interference that caused losses so they sought damages. The trial judge found the economic tort of interfering with contractual relations by unlawful means had been established and awarded damages. Court of Appeal dismissed the appeal.