What is the meaning of s. 364(4) of the Corporations Act?

British Columbia, Canada


The following excerpt is from Spearhead Aviation Ltd. v Whistler Heliport Society, 2018 BCSC 1762 (CanLII):

The meaning of s. 364(4) was considered in the decision of this court in Saini v. Grand Forks (City), 2011 BCSC 320, in the context of a tax sale of property owned by a corporation, which had been dissolved and subsequently restored. The court said at paras. 13 and 14: 13 It has been said that a corporation is: ... a legal person and like a human person lives from birth to the moment of death. It is a creature of statute. It is born on incorporation: It dies upon dissolution. 14 The City’s submission that the tax sale is a nullity places a great deal of emphasis on the "death" of the Company on dissolution. However, while a dissolved corporation has been compared to a dead person, the analogy is not entirely apt: Short of the miraculous, a man once dead remains so, while a corporation once dissolved is routinely revived. The state of a company while dissolved but capable of revival has been characterized more aptly as "one of qualified rather than absolute dissolution."

Other Questions


In what circumstances will the Director of Directors of a Corporation be able to claim that a claim against the Corporation is based on an allegation that the Corporation has not paid the Director a fair share of the proceeds of litigation? (British Columbia, Canada)
Does the rule in Foss v. Harbottle provide that shareholders of a corporation have a personal cause of action for wrong done to the corporation? (British Columbia, Canada)
Can a majority shareholder of a corporation sue the directors of the corporation for personal losses? (British Columbia, Canada)
Is a corporation owned and controlled by the payor spouse entitled to pre-tax corporate income? (British Columbia, Canada)
Are expenses that are paid for by a corporation deductible when income flows through the corporation? (British Columbia, Canada)
What is the meaning of the word "means" under section 7(1) of the Income Guidelines? (British Columbia, Canada)
What is the meaning of a parent's "means" when it comes to income? (British Columbia, Canada)
Is a spouse entitled to receive a pension benefit from the Pension Corporation of BC Pension Corporation? (British Columbia, Canada)
Can a strata corporation impose a fine on a non-strata corporation? (British Columbia, Canada)
When can a shareholder of a corporation bring a claim for damages against the corporation? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.