500-11-052150-170
PAGE: 3
[5] Jimmy, holding a direct and indirect minority interest2, contends that he has been the
object of oppressive manoeuvres and actions by his father Nicolas and his sister Argyro
to such an extent that there exists an irremediable conflict and impasse between himself,
his father and his sister who clearly hold diverging interests in the Chenoy Corporations,
more specifically, as it pertains to their management and operations.
[6] Under such circumstances, Jimmy believes that there are no more alternatives, and
effective or useful means to resolve the deadlock but to proceed with the liquidation and
dissolution of the Chenoy Companies, in order to sell their assets, satisfy their outstanding
debts and distribute the residuum among their shareholders.
[7] In April 2017, in response to Jimmy’s allegation in his lengthy Oppression Remedy
Application, Nicolas and Argyro filed a joint written contestation disputing his allegations
without providing any details. They added that since this was in part a family matter, they
did not wish to engage in a sterile debate over corporations, Mises-en-cause in the
present proceedings, which are either insolvable or worthless3.
[8] In that regard, Defendants were referring to the Mises-en-cause 114753 Canada Inc.
(“114753”), 114754 Canada Inc. (“114754”), 136585 Canada Inc. (“136585”), Chenoy
Food Network Inc. (“Chenoy Food Network”) and N.K.D.S. Consultants & Investments
Inc. (“NKDS”) who were, since some years already, all insolvable as defined under the
Bankruptcy and Insolvency Act4.
[9] The remaining two Mises-en-cause corporations offer a different perspective.
[10] Chenoy Delicatessen & Steak House (1976) Ltd. (“Chenoy DDO”) owns the real
estate property situated at 3616 Saint-Jean Boulevard, in Dollard-des-Ormeaux (the
“DDO Property”) and holds the shares of its wholly owned subsidiary, Chenoy
Delicatessen & Steak House Inc. (“DDO Restaurant”).
[11] DDO Restaurant leases the DDO Property from Chenoy DDO and has been
operating therein a 24-hour restaurant since the mid-1970s under the Chenoy’s banner.
[12] As a teenager, Argyro started working for DDO Restaurant, at her father’s
request, and has been working there ever since. She now manages the restaurant
operations.
[13] Notwithstanding their allegation that most of the Chenoy Corporations are
insolvent, Defendants Argyro and Nicolas concluded their Oral Defence by indicating their
2
The Court refers to a corporate chart of the Chenoy Corporations produced by Jimmy in support of his
proceedings, which is annexed to the present judgment for ease of reference.
3 Paragraph 3 of Defendants’ Oral Defence of April 12, 2017.
4 Paragraph 4 of Defendants’ Oral Defence of April 12, 2017.