While there are no fixed categories of qualifying conduct that attract the application of the oppression remedy, Arthur v. Signum Communications Ltd.[54] described categories of conduct that could be considered oppressive: (1) lack of a valid corporate purpose for the transaction; (2) failure on the part of the corporation and its controlling shareholders to take reasonable steps to simulate an arm’s length transaction; (3) lack of good faith on the part of the directors of the corporation; (4) discrimination between shareholders with the effect of benefiting the majority shareholder to the exclusion or to the detriment of the minority shareholder; (5) lack of adequate and appropriate disclosure of material information to the minority shareholder; and (6) a plan or design to eliminate the minority shareholder.
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