Jul 07, 2015

OCA clarifies oppression remedy vs. derivative action

A recent decision from the Court of Appeal clarifies that while an oppression remedy and a derivative action are not mutually exclusive, there are important distinctions between the two reliefs, says Toronto corporate lawyer Daniel Rothberg. In Rea v. Wildeboer, 2015 ONCA 373 (CanLII), the appellants asserted an oppression claim under s. 248 of the Ontario Business Corporations Act (OBCA) alleging misappropriation of funds from Martinrea International Inc. and sought to recover those funds for the corporation.

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