What is the test for determining whether a company's conduct is oppressive or unfairly prejudicial?
British Columbia, Canada
The following excerpt is from Boffo Family Holdings Ltd. v. Garden Construction Ltd., 2011 BCSC 1246 (CanLII):
To determine whether the conduct complained of is oppressive or unfairly prejudicial, the court starts with a consideration of the legal rights of the parties based on the articles and then considers the equitable rights of the parties, based on the nature of the company and the reasonable expectations of shareholders: Cross v. Mountain High Recreations Ltd., 2007 BCCA 121, 279 D.L.R. (4th) 491 at paras. 23-25.
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