Yannacoulias v. Yannacoulias, (1999) 185 Sask.R. 253 (QB)

• Judge: Baynton, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: October 15, 1999
• Jurisdiction: Saskatchewan
• Citations: (1999), 185 Sask.R. 253 (QB);1999 SKQB 130

Yannacoulias v. Yannacoulias (1999), 185 Sask.R. 253 (QB)

MLB headnote and full text

Temp. Cite: [1999] Sask.R. TBEd. OC.065

In The Matter Of an application for an order pursuant to sections 207 and 234 of the Business Corporations Act liquidating and dissolving Phoenix Resources Inc.

(1999 Q.B. No. 81; 1999 SKQB 130)

Maria Yannacoulias (applicant) v. Theresa Yannacoulias (respondent)

George Yannacoulias and Theresa Yannacoulias (applicants) v. Tony Yannacoulias, Maria Yannacoulias and 617039 Saskatchewan Ltd. (respondents)

(1999 Q.B. No. 108; 1999 SKQB 130)

Indexed As: Yannacoulias v. Yannacoulias

Saskatchewan Court of Queen's Bench

Judicial Centre of Prince Albert

Baynton, J.

October 15, 1999.

Summary:

The applicants applied for an order liqui­dating the assets of Phoenix Resources Inc. (Resources), which operated a take-out pizza business.

The Saskatchewan Court of Queen's Bench, in a decision reported at [1999] Sask.R. Uned. 115, permitted the respon­dents to operate the take-out pizza business on certain conditions, pending a trial of issues, including whether Resources should be liquidated. The applicants applied for an order that the respondents were in contempt of the order.

The Saskatchewan Court of Queen's Bench allowed the application. The court ordered the respondents to make timely disclosure of financial statements and to reimburse funds improperly expended. The court imposed a $1,000 fine and ordered the respondents to pay the applicants' solicitor and client costs of this application ($2,500), in any event of the cause.

Contempt - Topic 3315

Punishment - Fines - The applicants applied for an order liquidating the assets of Resources, which operated a take-out pizza business - The respondents were permitted to operate the business on cer­tain conditions pending a trial of issues, including whether Resources should be liquidated - The applicants applied for an order that the respondents were in con­tempt of the order - The Saskatchewan Court of Queen's Bench allowed the appli­cation - The court ordered the respondents to make timely disclosure of financial statements and to reimburse funds improp­erly expended - The court imposed a $1,000 fine and ordered the respondents to pay the applicants' solicitor and client costs of this application ($2,500), in any event of the cause.

Contempt - Topic 5115

Punishment - Costs - [See Contempt - Topic 3515 ].

Cases Noticed:

Regina (City) v. Cunningham (1994), 121 Sask.R. 272 (Q.B.), affd. [1994] 8 W.W.R. 457; 123 Sask.R. 233; 74 W.A.C. 233; (C.A.), refd to. [para. 7].

United Nurses of Alberta v. Alberta (Attorney General) et al., [1992] 1 S.C.R. 901; 135 N.R. 321; 125 A.R. 241; 14 W.A.C. 241, refd to. [para. 7].

United Food and Commercial Workers Union, Local 1400 v. Woolworth (F.W.) Co. and McCrea (1992), 107 Sask.R. 253 (Q.B.), refd to. [para. 10].

Burge v. Burge (1994), 127 Sask.R. 48 (Q.B.), affd. (1995), 134 Sask.R. 72; 101 W.A.C. 72 (C.A.), refd to. [para. 11].

Simpson Timber Co. (Saskatchewan) Ltd. v. Bonville et al. (1986), 49 Sask.R. 105 (Q.B.), refd to. [para. 11].

Canadian Union of Public Employees, Local 832 v. Board of Education of Parkland School Division No. 63 et al. (1982), 20 Sask.R. 259 (Q.B.), refd to. [para. 13].

Camco Inc. v. Olson (Frances) Realty (1979) Ltd. et al. (1986), 50 Sask.R. 161 (C.A.), refd to. [para. 14].

Authors and Works Noticed:

Sharpe, Robert J., Injunctions and Specific Performance (1998) (Looseleaf, Release 6), p. 6.190 [para. 7].

Counsel:

J.R. Beckman, Q.C., for the applicants;

M.D. Popescul, Q.C., for the respondents.

This application was heard by Baynton, J., of the Saskatchewan Court of Queen's Bench, Judicial District of Prince Albert. Baynton, J., delivered the following decision on October 15, 1999.