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ARTICLE · 09 DECEMBER 2010

Disputes Between Private Company Shareholders

What can you do if you are a shareholder of a private company in Canada and you are at odds with the other shareholders?

CanadaCorporate/Commercial Law

What can you do if you are a shareholder of a private company in Canada and you are at odds with the other shareholders? What if you suspect co-shareholders are stealing from the company? Or maybe, you are a minority shareholder and feel like the majority is taking unfair advantage of you?

Disputes between shareholders of private companies are often emotional and, in Ontario, can be as complicated as a personal divorce. Further, the disruption to a small business is often devastating. Knowing what remedies are available to resolve matters quickly are often the key to survival.

A shareholder has the right to a proportionate vote in the affairs of the company and to access sufficient information about the company's affairs and financial position. Other rights may be supported through a shareholders' agreement. Although a majority shareholder may have the right to effectively control and "run" the business, a minority shareholder cannot be "oppressed". In other words,

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