Discussion 6.1
Section 137(2) is necessary and worded the way it is in order to protect the interests of the corporation. For instance, if a director transferred his powers to a separate corporation (as it can be any person within or outside the corporation) of which [s]he is a sole shareholder, [s]he may use that corporation to […]
Reconciling R. v. Fitzpatrick’s Fuel Ltd. with Rhone v. The Peter A.B. Widener
At first blush, it certainly seems that the decision in R. v. Fitzpatrick’s Fuel Ltd. is inconsistent with the Rhone v. The Peter A.B. Widener. The court in Fitzpatrick’s Fuel considered the guidelines established in R v McNamara to determine whether the conduct of the employee should be attributable to the company. These were that the conduct was: (a) within the […]
Section 33 – Say what?
Restricted businesses and powers (1) A company must not (a) carry on any business or exercise any power that it is restricted by its memorandum or articles from carrying on or exercising, or (b) exercise any of its powers in a manner inconsistent with those restrictions in its memorandum or articles. (2) No act of a company, including a […]
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