The Ontario Superior Court has held that a legal action
for corporate oppression must be started within two years of the
date it was discovered, regardless of whether the oppressive
conduct is ongoing.
In Maurice v. Alles, 2015 ONSC 1671, per Pattillo J.,
the Applicants and Robert Maurice ("Robert") were
siblings and equal shareholders in Kirby Maurice Company Limited
("Kirby Maurice"). Kirby Maurice owned interests in an
appliance store, Tasco. Kirby Maurice also owned interests in
Marlba Investments Limited ("Marlba"), which owned the
real estate for Tasco.
The Applicants started an application against Robert to appoint
a valuator to determine the fair value of the issued and
outstanding shares of Kirby Maurice on May 13, 2013. Shortly
thereafter, on August 18, 2013, Robert commenced a
cross-application against the Applicants claiming breach of
contract and oppression under section 248 of the Ontario
Business Corporations Act, R.S.O. 1990, c.B.16 (the
"OBCA").
