What is the test for equitable considerations?
British Columbia, Canada
The following excerpt is from Walker et al. v. Betts et al., 2006 BCSC 128 (CanLII):
Equitable considerations include the concept of fairness. As MacFarlane J. noted in O’Neill v. Dunsmuir Holdings (New Westminster) Ltd., [1980] B.C.J. No. 47 (B.C.S.C.)(Q.L.) they also include at ¶2, “… the wider question [of] whether the majority had dealt honestly and fairly with the minority in conducting the affairs of the company, or in exercising the powers of the directors.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can the presumption of equitable principles be displaced by equitable principles? (British Columbia, Canada)
What is equitable fraud under the equitable doctrine of concealment? (British Columbia, Canada)
What considerations will be considered in deciding whether to grant leave to appeal? (British Columbia, Canada)
What is the case law on equitable easements? (British Columbia, Canada)
What is the case law on economic considerations in a custody dispute? (British Columbia, Canada)
Is there a duty of care under the Anns test under which a public authority is bound by its own financial considerations? (British Columbia, Canada)
What is the test for establishing that a party registered on the title of a property has a legal and equitable interest in the property? (British Columbia, Canada)
What are the considerations that determine whether double costs are appropriate? (British Columbia, Canada)
What are the relevant factors for consideration in an application for the appointment of an Administrator? (British Columbia, Canada)
What is the test for restricting consideration of a custodial parent’s reason for moving? (British Columbia, Canada)
