Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 13 NOVEMBER 2026

Just And Equitable Liquidation And Dissolution: A Remedy For Shareholder Disputes

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
Contributor
Borden Ladner Gervais LLP

Borden Ladner Gervais LLP

With over 750 lawyers, intellectual property agents and other professionals, BLG services...

View firm profile
Explore more from Borden Ladner Gervais LLP

Shareholder disputes can paralyze decision-making and impair governance in closely held companies. British Columbia courts offer a powerful alternative to the oppression remedy: the "just and equitable" liquidation and dissolution remedy under section 324 of the Business Corporations Act, which provides a lower threshold for relief in cases of deadlock, loss of substratum, and breakdown of trust.

CanadaCorporate/Commercial Law
Steve Warnett
Steve Warnett
Matthew Swanson
Matthew Swanson
Jake Cabott
Jake Cabott
Brenna Fahey
Brenna Fahey
Hessam Mehrabi
Hessam Mehrabi
Author LinkedIn connections

Shareholder disputes can destabilize a company. They often paralyze the decision-making process and impair governance. When shareholder disputes arise, the courts are often asked to intervene. While many parties turn to the oppression remedy under s. 227 of the Business Corporations Act (BCA), which was discussed in our December 2024 article on the oppression remedy, British Columbia courts have another powerful tool at their disposal: the “just and equitable” liquidation and dissolution remedy under section 324 of the BCA. This remedy plays a central role in resolving shareholder deadlock, loss of substratum, and breakdowns in closely held companies.

The just and equitable test: a lower threshold

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

The PULSE Report: Governance Of Ontario’s Electric Utilities And Implementation Of Required Changes

Ontario's PULSE report and Bill 140 propose sweeping governance reforms for municipally owned electricity distribution utilities and their holding companies, mandating independent boards and new capital planning requirements by 2027. These changes aim to attract institutional investment for $120 billion in infrastructure expansion, but will require utilities to restructure shareholder agreements, recruit new directors, and implement complex governance arrangements within an extremely compressed timeline.
CanadaCorporate/Commercial Law
Aird & Berlis LLP
Aird & Berlis LLP
Article

From Duties To Import Bans: The Canada–U.S. Tariff War After The Collapse Of Negotiations

The United States has escalated its trade dispute with Canada by imposing import bans on alcoholic beverages, dairy products, and motorcycles under Section 338 of the Tariff Act of 1930, while Canada responds with matched counter-tariffs on $27.6 billion worth of U.S. goods. Following the collapse of bilateral negotiations in August 2026, both nations have entered an unprecedented phase of trade restrictions that extends beyond traditional tariffs to include procurement exclusions and threatens further auto
GlobalInternational Law
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
Article

New AI Safety Standard Relevant To Canadian School Boards

A major U.S. vendor agreement has established a rigorous new AI safety standard for educational technology, prohibiting the use of student data for AI training and enforcing strict data minimization. While the standard does not directly bind vendors in Canada, Canadian school boards can leverage this precedent to demand equivalent contractual protections and strengthen their own AI governance frameworks.
CanadaTechnology
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
Article

BLG At The SCC – What’s Coming In The Supreme Court’s Fall 2026 Sitting Schedule

The Supreme Court of Canada held its second annual ceremony marking the opening of the judicial year at its temporary home in the West Memorial Building, with Chief Justice highlighting the Court's increased caseload and architectural features. What significant constitutional and legal challenges will the Court address in its fall 2026 session, including cases on firearm regulations, Crown immunity, and vicarious liability?
CanadaLitigation, Mediation & Arbitration
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
Article

A New Structure Enters The Ring: CIRO’s Incorporated Approved Person Compensation Proposal

The Canadian Investment Regulatory Organization’s (CIRO) proposed Incorporated Approved Person model could materially change how client-facing advisors structure their businesses and receive compensation with significant impacts to sponsoring firms. The proposed rule amendments, published on July 9, 2026, would introduce a harmonized incorporated compensation option for client-facing Approved Persons across CIRO regulated dealers. Comments are due November 6, 2026.
CanadaFinance and Banking
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP