Can a measure be carried intra vires the corporation?
Ontario, Canada
The following excerpt is from Beatty v. North-West Transportation Co., 1885 CanLII 20 (ON CA):
I am quite aware of the practical effect of such a proceeding where it happens that the person interested in carrying a measure happens to hold a majority of the shares in the company. He can thus carry any measure intra vires the corporation. The same object could be effected by sale or assignment of his stock to various persons likely to adopt his views. We must refer to Pender v. Lushington, 6 Ch. D. 70, for the law in such cases.
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