“Material” interest under s 147 of the BCBCA: a case study

What constitutes a “material” interest in a contract or transaction? And would a “non-material” interest be subject to the strict rule in Aberdeen Railway Co. v. Blaikie Bros.? “Material” is not defined in the BCBCA, and recent jurisprudence reveals that this area is still unsettled. In the case of Jaguar Financial Corp. v. Alternative Earth Resources Inc. […]

Match-up: s 137 of the BCBCA vs s 146 of the CBCA

The BCBCA does not recognize Unanimous Shareholder Agreements (USA), and instead includes s 137(1) and (2). While both models allow for flexibility in the architecture of the corporation, the wording of the BCBCA provision provides some interesting differences compared to the USA provision that is found in the CBCA (s 146). For one, the provision […]

Thoughts on The Corporation

While the Corporation does reveal some disturbing realities about the way in which corporations operate, I found the documentary to be lacking in balance. No one would dispute that Monsanto, Exxon and other companies have perpetrated devastating and detestable actions on workers and the environment. But these companies must only represent a small fraction of […]