One of the most important issues that arise under the statutory oppression remedy is the manner in which a court will use its wide powers to order relief once oppression has been found. Guidelines according to which courts will exercise their discretion become even more desirable where a remedy may impact on the governance structures of the corporation. There is an extensive body of case law under the oppression remedy, most of which tends to relegate the exercise of the remedy to the facts of a case. / However, from a study of the case law, two principles appear with varying frequency depending on the size of the corporation. These are principles which may be asserted under the oppression remedy. The first principle states that the majority may not exercise its electoral rights to the prejudice of the minority. It flows from the relationship between members of a corporation and arises most frequently at closely held corporations. The second principle is against abuse of fiduciary position, which entails a duty on directors and senior management to protect the interests of all shareholders. Abuse of fiduciary position may also involve instances where there is a breach of fiduciary duties to the corporation. This second principle is more prevalent at widely held corporations. The remedy will be tailored according to the principle under which liability was found.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.78206 |
| Date | January 2002 |
| Creators | Burger, Jan-Hendrik |
| Contributors | Smith, L. D. (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001982732, proquestno: AAIMQ88113, Theses scanned by UMI/ProQuest. |
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