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claudia arrieta
Blog Activity 5.3: Section 33 – Say What?
This sounds a bit like a “let bygones be bygones” approach to a company’s ultra vires acts. The provision is basically saying that a company must not do anything that it is restricted from doing by its memorandum or articles, but that if the company does something that is restricted, that act will not be […]
Discussion Activity 4.4
I would say that the policy justification for this result is that the Court understands shareholders role as supervising management as an acting body in respect of the corporation’s interests rather than as individual shareholders in respect of their own ends. In this case, Hercules and Mr. Freed clearly indicated that their claim against […]
Discussion Activity 4.3
“Ambiguities of Corporate Personality” No, “X” could not do that because in those transactions he was operating as himself. As per Daimler, “the acts of a company’s directors, managers, secretary, and so forth, functioning within the scope of their authority, are the company’s acts.” In this instance, “X” was not functioning within the scope […]
Thoughts on Corporate Personhood
The way that I imagine corporate personhood in my head is as a call centre. I analogize corporate personality with call centres because they likewise act as a buffer between the owners and managers and the people being affected by the actions of the corporation. I worked at a large call centre throughout undergrad […]
Discussion 6.1: On s. 137 of the BCBCA
The BCBCA does not recognize unilateral shareholder agreements (USA). These are a type of shareholder agreement that is recognized under the CBCA and are used to limit some or all of the directors’ powers and ability to manage the corporation. Section 137 of the BCBCA is analogous to USAs as it provides for the limitation […]
Discussion 5.1 On Rhone and Fitzpatrick
The issue in Fitzpatrick’s Fuel was whether despite the care exercised by its sole officer director, and shareholder, should the company still be held liable for the wrongful actions of Parviz Zamzam? The Crown said yes, and submitted that a correct application of the “identification theory” would prove as much. Using the parameters delineated in […]
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 […]