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ARTICLE · 11 SEPTEMBER 2008

CBCA Oppression Remedy Extends To Non-CBCA Affiliate

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What is the scope of the oppression remedy under Section 241 of the “Canada Business Corporations Act” (CBCA)? That was the question recently considered by the Ontario Superior Court of Justice.

CanadaCorporate/Commercial Law
Robert Chapman
Robert Chapman
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What is the scope of the oppression remedy under Section 241 of the Canada Business Corporations Act (CBCA)? That was the question recently considered by the Ontario Superior Court of Justice.

In Manufacturers Life Insurance Company v. AFG Industries Ltd., one of the defendants, a Delaware corporation (USCo) sought an order striking out those portions of the statement of claim pleaded against it and its Canadian subsidiary, a CBCA corporation (CanCo) or, alternatively, for an order dismissing the action against USCo.

The plaintiff's claim was that it had been oppressed as a result of the actions of USCo in causing CanCo to divest itself of all of its assets. This divestiture, the plaintiff stated, thereby impaired its ability to recover against CanCo in the event that its claim against CanCo for recovery of environmental remediation costs was successful. The plaintiff alleged it had incurred these

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