The applicant shareholder brought a motion under s.248 of the Business Corporations Act seeking relief arising from alleged oppressive conduct and persistent non-compliance with prior court orders by the respondent shareholder and director of two corporations.
The court reviewed the history of litigation, including earlier orders requiring equalization of shareholder investment and corporate governance measures.
The evidence demonstrated that the respondent had ignored multiple court orders, failed to produce required financial disclosure, and engaged in conduct undermining the corporations’ operations.
Applying the oppression remedy principles under the OBCA, the court exercised its broad discretion to rectify the situation.
The respondent was removed as director and officer, the applicant was vested with sole control of the corporations subject to accounting obligations, and additional financial and disclosure orders were imposed.
