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Discussion Activity 7.1
Peoples stated that the fiduciary duty should be judged from an objective standard which takes in to account the elements that the decision was made in, but not the director’s subjective motivations. They said the comparable circumstances require the context in which a given decision was made to be taken in to account, but that […]
Thinking Back to Partnerships…
Thinking way back to partnerships for my final post—Discussion Activity 3.2: The provisions of the Ontario Partnership Act relevant to determining the existence of a partnership between X and Y are sections 2 and 3. Section 2 of the Act defines partnership as the relationship between “persons carrying on a business in common with a […]
Democracy, The Tyranny of the Majority and Corporate Shareholders
I remember from 7 years ago when I first took an undergrad introduction to political science course and first learned about Jeremy Behtan’s utilitarianism theory and John Stewart Mill’s theories on democracy. Betham was a liberal and an utilitarian who argued that if people were free to do what was in their best interest and […]
Discussion Activity 8.3
In this third and final post, I wish to discuss the benefits of oppression actions and at the same time, discuss the disadvantages of such an equitable remedy. The benefits of the oppression remedy, or any equitable remedy for that matter, are the flexibility that the adjudicator and the claimant can expect. The remedies, not […]
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Discussion Activity 6.1: Relevant Statutory Provisions: BCBCA section 137 (1): “…the articles of a company may transfer, in whole or in part, the powers of the directors to manage or supervise the management of the business and affairs of the company to one or more other persons.” BCBCA section 137 (2): “(2) If the whole […]