Skip to main content

Diigo Home

CanLII - 2006 CanLII 38354 (ON S.C.) - The Diigo Meta page

www.canlii.org/...2006canlii38354.html - Cached - Annotated View

David Scrimshaw's personal annotations on this page

dscrimshaw
Dscrimshaw bookmarked on 2009-11-05 Law Creditor corporate oppression

If the oppressive conduct alone was enough to create the status of a creditor-complainant for the purposes of the oppression remedy, then the oppression remedy could be used by any plaintiff in any case where a corporation has caused damage through an otherwise conventional breach of contract or through tortious conduct.

  • The law is clear that the
    creditor-complainant has to be a creditor at the time of the alleged oppression:
  •      It is not
    enough that the complainant became a creditor as a result of the allegedly
    oppressive conduct, as was the case here.  If this were the law, then it
    would be “unsatisfactorily circular.” 

This link has been bookmarked by 1 people . It was first bookmarked on 05 Nov 2009, by David Scrimshaw.

  • 05 Nov 09
    dscrimshaw
    David Scrimshaw

    If the oppressive conduct alone was enough to create the status of a creditor-complainant for the purposes of the oppression remedy, then the oppression remedy could be used by any plaintiff in any case where a corporation has caused damage through an otherwise conventional breach of contract or through tortious conduct.

    Law Creditor corporate oppression

    • The law is clear that the
      creditor-complainant has to be a creditor at the time of the alleged oppression:
    •      It is not
      enough that the complainant became a creditor as a result of the allegedly
      oppressive conduct, as was the case here.  If this were the law, then it
      would be “unsatisfactorily circular.”