The Ontario Superior Court of Justice’s decision in Clark v. Cen-Ta Real Estate Ltd et al provides useful guidance on how courts may approach costs in the context of derivative proceedings, particularly at the leave stage. While the applicant was successful in obtaining leave to bring a derivative action, the Court ultimately declined to award […]
Category Archives: Derivative Claims
Addressing Fraud and Embezzlement Through Derivative Litigation in Ontario
Fraud and embezzlement are among the most serious breaches of trust that can occur within a corporation. When corporate insiders, such as directors, officers, or controlling shareholders, engage in misconduct that harms the corporation itself, traditional remedies available to shareholders may not be sufficient. In such cases, derivative litigation can serve as a powerful legal […]
Oppression Remedy or Derivative Action?
The Ontario Business Corporations Act (OBCA) and The Canada Business Corporations Act (CBCA) are both remedial statutes. They serve to regulate corporate behaviour but also to remedy some restrictive common law rules that applied to corporations. Two such remedies are the Oppression Remedy and, with leave of the court, The Derivative Action. To understand these […]