commissions) evenly until 2014, when their personal and business relationship
started to deteriorate. The applicant brought an application for remedies under
ss. 207 and 248 of the Business Corporations Act, R.S.O. 1990, c. B.16.
Held, the application should be allowed.
It was clear that the breakdown of the parties’ business relationship was irrevocable and that the required trust and confidence between business partners no
longer existed. The appropriate remedy was an order that the defendant
purchase the plaintiff’s interest in their joint enterprise at fair market value.
An order equalizing their commissions from September 2014 to June 2016 was
Cases referred to
Muscillo v. Bulk Transfer Systems Inc.,  O.J. No. 3061, 61 B.L.R. (4th) 92,
2009 CanLII 38508, 179 A.C. W.S. (3d) 600 (S.C.J.)
Statutes referred to
Business Corporations Act, R.S.O. 1990, c. B.16, ss. 207, (2), 248 [as am.]
APPLICATION for remedies under the Business Corporations Act.
Janice Wright and Greg Temelini, for applicant.
Robert Zochodne, for respondent Michael Earl Konopaski.
BALE J.: —
 Franklin Konopaski and Michael Konopaski are father and
son, and are officers, directors and shareholders of the respondent corporations. Because Messrs. Konopaski share the same
surname, it will be convenient, in these reasons, to refer to them
as Frank and Michael.
 Frank and Michael each have a 50 per cent interest in
the respondent corporations, except Kawartha Securities Ltd.
Michael has a 75 per cent interest in Kawartha Securities, and
Frank has a 25 per cent interest.
 Frank, at age 72, wants to liquidate his interest in their
joint enterprise; Michael, at age 43, would like to purchase his
father’s interest. However, they have been unable to agree upon
the value of that interest, and there has been a complete breakdown in their business and personal relationships.
 In this proceeding, Frank applies under ss. 207 (winding
up) and 248 (oppression) of the Business Corporations Act,
R.S.O. 1990, c. B.16 and asks that Michael be required to purchase his interest in the family businesses, or in the alternative,
that the respondent corporations be wound up.