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Full-bodied oppression

September-1-2017

Lawyer Neill May
Area Corporate Finance and Securities

Summary

Article originally published in the Canadian Lawyer Magazine, September 2017

Excerpt from "Full-bodied oppression":

In its recent decision in Wilson v. Alharayeri, the Supreme Court of Canada tackled the question of when corporate directors can be held personally liable under the “oppression remedy.” Few areas of corporate law are as fact and context specific as are questions concerning the application of the “oppression remedy,” and reported decisions do not often address typical circumstances in a way that would give specific guidance. What the court did is outline four general principles to guide analyses for the imposition of personal directorial liability for oppression. That’s similar, in my thinking, to providing a vocabulary and framework for a discussion of what will almost invariably be unique circumstances.

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