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Peoples Department Stores Inc. (Trustee of) v. Wise, 2004 SCC 68, [2004] 3 S.C... - The Diigo Meta page

www.canlii.org/...2004scc68.html - Cached - Annotated View

David Scrimshaw's personal annotations on this page

dscrimshaw
Dscrimshaw bookmarked on 2009-11-04 Law corporate oppression Creditor Fiduciary Director

directors owe a duty of care to creditors, but that duty does not rise to a fiduciary duty

  •    Section 241 of
    the CBCA provides a possible mechanism for creditors to protect their interests
    from the prejudicial conduct of directors.  In our view, the availability
    of such a broad oppression remedy undermines any perceived need to extend the
    fiduciary duty imposed on directors by s. 122(1)(a) of the CBCA to
    include creditors

This link has been bookmarked by 1 people . It was first bookmarked on 04 Nov 2009, by David Scrimshaw.

  • 04 Nov 09
    dscrimshaw
    David Scrimshaw

    directors owe a duty of care to creditors, but that duty does not rise to a fiduciary duty

    Law corporate oppression Creditor Fiduciary Director

    •    Section 241 of
      the CBCA provides a possible mechanism for creditors to protect their interests
      from the prejudicial conduct of directors.  In our view, the availability
      of such a broad oppression remedy undermines any perceived need to extend the
      fiduciary duty imposed on directors by s. 122(1)(a) of the CBCA to
      include creditors