What is the test for Section 200 of the BC's Rules of Civil Procedure and Procedure, or is it necessary to obtain relief from the Court?
British Columbia, Canada
The following excerpt is from Clappa v. McPherson et al, 2005 BCSC 1177 (CanLII):
In Pasnak v. Chura, [2003] B.C.J. No. 1591, 2003 BCSC 782, rev’d in part [2004] B.C.J. No. 790, 2004 BCCA 221 the court, in a helpful discussion of this remedy made the following comments with respect to the availability of this remedy at para. 44: As the wording for the section indicates it is designed to provide relief to members who do not have control over the company and who are being oppressed or being treated prejudicially by the operation of the company. It provides an avenue of relief where the complaining member is not able to bring about a change in the operation of the company internally, on his own. Section 200 allows a member in that position to seek relief from this oppression or unfairly prejudicial conduct from the court. If the member were able to obtain the relief internally in the company, then there would be no need for this section at all.
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