What is the test for determining whether a party has engaged in oppressive or unfairly prejudicial conduct?
British Columbia, Canada
The following excerpt is from Golden Pheasant Holding Corp. v. Synergy Corporate Management Ltd., 2011 BCSC 173 (CanLII):
The starting point for determining whether a party has engaged in oppressive or unfairly prejudicial conduct is to consider the legal rights of the parties based on the company's articles. The court must also consider the parties' equitable rights based on their reasonable expectations as shareholders having regard to the nature of the company's business: Samra v. Bel-Air Taxi Ltd., 2009 BCSC 548 at para 33; Cross v. Mountain High Recreation Ltd., 2007 BCCA 121 at paras. 23-25; Urquhart.
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