Is a failure by a corporation to meet statutory notice requirements a remedy for improperly notified shareholders?

Alberta, Canada


The following excerpt is from Sumner v. PCL Constructors Inc., 2010 ABQB 536 (CanLII):

Davidson v. FinancialCAD Corp. involved a failure by a corporation to meet statutory notice requirements (para. 26-27). The applicants sought to have a special resolution rescinded, but Pitfield J. balanced considerations in favour and against that remedy (paras. 53-54) and instead ordered that shareholders who had been improperly notified were allowed the option to take steps that potentially flowed from proper notification (paras. 59-61).

Other Questions


Can a shareholder of a corporation who is not a majority shareholder of the corporation obtain relief under the oppression provisions? (Alberta, Canada)
Can a Transfer Notice be invalid if the Notice is not served to the New Shareholders? (Alberta, Canada)
If a judge makes an order requiring notice to be given, does the judge have the authority to vary or revoke the order? (Alberta, Canada)
In what circumstances can a shareholder in a company with a memorandum of intent and a shareholder's vote of no confidence in the company's general law? (Alberta, Canada)
What is the appropriate notice period for an age title years service notice? (Alberta, Canada)
Is there any common law common law concept or common law relation to corporate shields or corporate vale? (Alberta, Canada)
Is a third party dealing with a corporation not required to ensure that all internal regulations have been complied with where a document is regular on its face? (Alberta, Canada)
What is the test for a shareholder to sue a corporation for personal losses? (Alberta, Canada)
Is a realtor required to give a written notice of intent to sell a property to the purchaser by email or facsimile? (Alberta, Canada)
Is a contract that violates the statutory provisions of a common and statutory contract void ab initio? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.