A corporation may have imputed to it fraudulent acts committed by, and within the scope of authority of, a person who is the directing mind of the corporation where the acts indirectly benefit the corporation. Hart Building Supplies Ltd. v. Deloitte & Touche,  B.C.J. No. 49 (S.C.).
A clause in a trust indenture precluding debentureholders from bringing an action for default unless the trustee fails to do so may preclude any action by the debentureholders, including a claim alleging oppressive conduct. Casurina Limited Partnership v. Rio Algom Ltd.,  O.J. No. 177 (C.A.).
A shareholder’s failure to provide notice to the directors of a corporation of the shareholder’s intention to bring an application for leave to commence a derivative action in respect of the corporation is not fatal to the application where the legislative purpose underlying the notice requirement could not be met in any event. Winfield v. Daniel,  A.J. No. 37 (Q.B.).
A corporation that issues a notice that it intends to exercise a right to arbitration under a contract carries out an administrative action that survives the subsequent dissolution of the corporation under the Alberta Business Corporations Act. Associated Asbestos Services Ltd. v. Canadian Occidental Petroleum Ltd.,  A.J. No. 369 (C.A.).
A court may appoint a monitor of a corporation where there is sufficient evidence to support a prima facie case of oppressive conduct but not to permit or assist an investigation into whether a finding of such conduct should be made. May v. Circumpacific Energy Corp.,  Y.J. No. 1 (C.A.).
An injunction to restrain a defendant from using a trade name and text on a website that are similar to that used by the plaintiff is unavailable in the absence of evidence of deception or misrepresentation that would mislead the public into thinking the two businesses are associated. The Software Guy Brokers Ltd. v. Hardy,  B.C.J. No. 95 (S.C.).
It's not often that our little blog intersects with such titanic struggles as the U.S. presidential race – and by using the term "titanic" I certainly don't mean to suggest that anything disastrous is in the future.
J.J. v. C.C., is an interesting case in which the court held that an automotive garage owes a duty to minor children to secure the vehicles on the premises by locking the cars and safely storing the car keys...
In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the "ABVMA" failed to afford procedural fairness to a veterinarian undergoing an incapacity assessment.
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