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BCBCA s 33
On my reading of the provision, the effect is roughly that of a strong admonition. Subsection (1) commands that a corporate person refrain from certain actions. It is worded as if it were mandatory, and its codification in statute would appear to lend it gravity. But while its practical effect is almost entirely undermined by […]
Eliminating Corporate Personhood
I think that s. 30 of the BC Business Corporations Act could and should simply be eliminated and replaced by an inclusive list of rights, powers and privileges. Simply put, corporations are not people. I do not believe that they should be considered people. I personally don’t believe that there is any benefit to invoking […]
Strike Suits, or “How I’m Going to Pay for Law School”
Encana, Talisman Energy, Suncor Energy, Husky Energy, Nexen, Syncrude. All Canadian petroleum companies. More importantly, all publicly traded companies. Strike suits have been long considered nuisance actions, meant to make a quick buck at the expense of the corporation. My proposal is this: purchase shares in oil companies, and then file class actions whenever a […]
Where is the corporate monster coming from?
Our recall of the Frankenstein story might be that a young scientist created a freak who went beyond its creator’s control, turned into a criminal, and haunted him till he collapsed. However, the original storyline is much richer than that. Let me briefly review the ways in which corporations are analogous to Frankenstein’s creature: Both […]