Can a shareholder of a corporation who is not a majority shareholder of the corporation obtain relief under the oppression provisions?

Alberta, Canada


The following excerpt is from English v. Sylvan Lands Development Corporation, 2004 ABQB 479 (CanLII):

In Munro v. Nopper [2002] A.J. No. 1114, a decision of Veit J. was faced with a similar situation in which two shareholders who each held 50% of the corporation were in dispute. She held that oppressive conduct is not the same thing as conduct which is contested. She states at paragraph 24: “[He] is not a minority shareholder; on the face of it, therefore, he is not entitled to statutory oppression remedies. However, if those remedies are not limited to minority shareholders, warring partners cannot necessarily obtain relief under the oppression provisions of corporation legislation.”

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