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Company law
Circumstances in which director can be held personally liable for oppressive conduct
Oppression is a broad and equitable
remedy. It allows Courts to rectify
unfair or prejudicial behaviour on
the part of corporate stakeholders.
While most Canadian case law is
devoted to the issue of what amounts
to oppression, a new decision of
the Supreme Court of Canada,
Wilson v. Alharayeri
, 2017 SCC 39,
clarifies the circumstances in which
a director can be held personally
liable for oppressive conduct.
Wilson
emphasizes that the test for personal
liability for oppression is fluid and
contextual.
