"And Now for Something Slightly Different: The British Columbia Oppression Remedy"
Stephen Antle, Stephen T.C. Warnett, and J. Tracy Li, Borden Ladner Gervais LLP

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Posted: Friday, March 02, 2007

This paper discusses the circumstances in which the British Columbia courts will exercise the discretion to grant the oppression remedy when a shareholder or other proper complainant has experienced "oppressive" or "unfairly prejudicial" conduct. The authors also outline recent developments in this area of the law, and look at directors' personal liability for oppressive and unfairly prejudicial conduct. Readers should note: the corporate legislation of most provinces, with the exception of BC, is modelled after the CBCA; thus, in this paper, unless otherwise indicated, CBCA requirements are also generally the requirements in other provinces.

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