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ARTICLE · 09 JUNE 2016

Oppression Remedies May Be Lost Through Delay

If the affairs of a company are conducted in a manner that is unfairly prejudicial to or that unfairly disregards the interests of a complainant (such as a shareholder, director or officer), ..

CanadaCorporate/Commercial Law

If the affairs of a company are conducted in a manner that is unfairly prejudicial to or that unfairly disregards the interests of a complainant (such as a shareholder, director or officer), that person may want to seek out an oppression remedy in a lawsuit or application to the court. If steps are not taken to pursue the remedy quickly, within the applicable limitation period, the chance to obtain a remedy may be lost.

In a corporation, there can be a series of oppressive acts over a number of years (e.g. a concerted, ongoing effort by a director to exclude and prejudice a shareholder) or a single act which is oppressive (e.g. the sale of a specific asset which is designed to and does harm a specific shareholder).

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