Friday 14 July 2017

Canada: the personal liability of directors and the oppression remedy

In a judgment given yesterday - Wilson v Alharayeri 2017 SCC 39 (on appeal from 2015 QCCA 1350)- the Supreme Court has, once more, considered the operation of the oppression remedy found in section 241 of the Canada Business Corporations Act 1985. More specifically, the court considered the circumstances in which it was appropriate to make a director personally liable under section 241(3) in respect of oppressive or unfairly prejudicial conduct and the factors that should be considered in fashioning a remedy.

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