Oppression

Wilson v. Alharayeri - Collection - Supreme Court Judgments Neutral citation 2017 SCC 39  

I will further Brief/Highlight this case in due course.  It dealt with the federal BCA which seems very similar to ours.  

Immediate highlights of my thoughts arising from the case include>  

• Oppression IS INDEED a remedy that can be applied against particular directors, especially in cases where a generic remedy against the Corporation may unfairly punish innocent directors or shareholders.
• Oppression is a statutory remedy, of equitable nature, that exists due to the blunt instruments of the Common Law
• It is not exclusively available in a legalistic context, but is meant to be used to exert fairness, mind you…in the context of parties’ reasonable expectations
• The remedies applied in Oppression ought to be applied surgically, remedying no further than is needed in light of the unfairness;
• Oppression has a higher threshold of wrongdoing than unfair prejudice, which in turn is higher than unfair disregard
• Bad Faith and Personal Gain remain important indicia of oppression, but are not always necessary; Oppression focuses on effect, not intention or gain;
• Because of the Discretionary nature of Oppression, the Court may sometimes go further in application and relief than the pleadings specify
• An award of Damages is not precluded by the Oppression remedies under the ABCA
• An Appellate Court will be very hesitant to override a trial judge’s order