What is the test for obtaining relief from an oppressive or unfairly prejudicial conduct?
British Columbia, Canada
The following excerpt is from Khela v. Phoenix Homes Limited, 2013 BCSC 2079 (CanLII):
However, the case law also establishes that in order to obtain relief from oppressive or unfairly prejudicial conduct, an application must be brought in a timely manner. As noted by Mr. Justice Rice in Carr v. Cheng, 2007 BCSC 1693 [Carr], the conduct complained of must still be occurring or be threatened, or at least its effects must remain upon the complainant’s shareholder interest (at para. 46).
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