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ARTICLE · 26 JUNE 2013

The Oppression Remedy

The Federal and Provincial legislatures created the "oppression remedy", a statutory tool which is both powerful and comprehensive and does provide a means for the righting of corporate wrongs despite the lack of majority.

CanadaCorporate/Commercial Law

A corporation or company is a legal entity.  That means it has the same rights and abilities as person. Problems arise in that corporations involve the interests of many individuals, whether they be its shareholders, directors, officers or creditors.  Decisions made through a Board of Directors may result in actions being determined by the majority to the harm and detriment of one or more of the other stakeholders. 

The normal consequence of majority rule is that the minority may be left without a remedy.  It is for that reason that both the Federal and Provincial legislatures created the "oppression remedy".  This is a statutory tool which is both powerful and comprehensive and does provide a means for the righting of corporate wrongs despite the lack of majority. The remedies available are very flexible and far more dynamic and varied than the usual legal remedies.

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