What is the test for a resignation from a board of directors?
British Columbia, Canada
The following excerpt is from Oliver v. Sure Grip Controls Inc., 2014 BCSC 321 (CanLII):
...a resignation must be clear and unequivocal. There must be a clear statement of an intention to resign, or conduct from which that intention would clearly appear: Danroth v. Farrow Holdings Ltd., 2005 BCCA 593.
A completed, voluntary act of resignation includes an offer and acceptance, or clear conduct so implying. Ambiguous actions by either party can taint the transaction and render it incomplete. See: Maguire v. Sutton, at paras. 50 and 54-55.
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