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Eliminating Corporate Personhood
4.1 Discussion: Not all corporations are created equal for the purposes of Charter analysis. Section 15(1) of the CBCA states that the corporation’s right is equivalent to those of a ‘natural person’, whereas section 30 of the BCBCA suggests it is equivalent to an “individual of full capacity”. The difference in application and meaning of […]
Eliminating Corporate Personhood
There may be a time in the very near future, where corporations and human beings may be regarded as equals in all facets of life. If that reality spurs up, s. 30 of the BC Business Corporations Act could be eliminated. For that matter, the whole Act could be done without. However, as long as […]
Class 8: An Inquiring History of the Corporate Form
Slides from today’s class below. jon
Corporations and the Charter
Note 2 on page 88 on the textbook asks whether a legislature could indirectly extend full Charter rights to a corporation, and whether this has already been done. This raises really interesting questions about Constitutional and legislative amendments generally. As we’ve all seen, courts will sometimes use statutory interpretation to ‘read in’ or ‘read down’ […]
Defining a Partnership: Does Barbershop ‘Z’ Make the Cut?
In the hypothetical barbershop scenario, X and Y are co-owners of a barbershop in Ottawa and have entered into a formal agreement regarding how the barbershop will be run. The question is whether or not this agreement constitutes a partnership. Partnerships are defined in the B.C Partnership Act Section 2 as “…the relation which subsists […]
…and Critical Perspectives
Do the week 4/5 readings. Not necessarily to learn anything (YMMV), but for the marvelous spectacle of two out of three of the textbook authors parachuting in sections from other books of theirs (publication deadline, anyone?) in order to offer a “critical perspective” on what they view as the unprincipled development of the law with […]
Discussion Activity 4.1
Quick summary of corporations’ use of s.7 of the Charter: Irwin Toy- a corp CANNOT avail itself of the protection offered by s.7 of Charter; nonsensical to speak of a corp being put in jail à7 protection on a singularly human level “everyone” excludes corp and other artificial entities Dywidag Systems Intl Canada- only humans […]
Haughton and Nordile – inconsistent verdicts?
I’d like to begin this post with the caveat that I feel lost about 99% of the time that I’m doing my readings. I’m one of the people that breathed in a GIANT sigh of relief when someone asked what the difference between profit and revenue was last week. Shout out to whoever that was… […]
Barbershop Activity
The Ontario Partnership Act states that a “[p]artnership is the relation that subsists between persons carrying on a business in common with a view to profit”, but that has not been incorporated. Although Z has some characteristics of a partnership, I do not think it is one for the reasons that follow. The trade name […]