{"componentChunkName":"component---src-templates-blog-post-ts","path":"/claims-of-oppression/","result":{"data":{"site":{"siteMetadata":{"title":"Clausehound Blog","author":"Joshua Koudys"}},"markdownRemark":{"id":"585af9a5-0ed0-50b5-b6c6-5698143333ea","excerpt":"The registered holder and beneficial owner of a security can make an application to the court to give it a standing oppression claim. For example, in Gandalman…","html":"<p>The <strong>registered holder and beneficial owner</strong> of a security can make an application to the court to give it a <strong>standing oppression claim</strong>.</p>\n<p>For example, in <em>Gandalman Investments Inc. v. Fogle</em>, 52 O.R. (2d) 614, shares in a company were equally held by two shareholders. One the secretary-treasurer carrying on the actual business of a company and the other shareholder, a son-in-law of the deceased president. The son-in-law was attempting to become a director of the company. The court held that the son-in-law who was the registered holder and beneficial owner of the company had the right to bring an oppression claim. </p>\n<p>A <strong>corporation</strong> can make an application for oppression.</p>\n<p>For example, see <em>Calmont Leasing Ltd. v. Kredl</em>, 30 Alta. L.R. (3d) 16, where a company brought an action for oppression under the Alberta Business Corporations Act because the director was taking unauthorized financial benefits from the company.</p>\n<p>A <strong>minority shareholder</strong> cannot bring an action of oppression against majority shareholders and directors.</p>\n<p>For example in <em>Brant Investments Ltd. v. KeepRite Inc</em>, 3 O.R. (3d) 289, a minority shareholder brought an application for oppression because the move of the company was beneficial for KeepRite but not Brant, the minority shareholder. The court held that Brant Investments could not bring the claim because the move was beneficial to the majority shareholders.</p>","frontmatter":{"title":"Claims of oppression","date":"October 27, 2016","description":"The registered holder and beneficial owner of a security can make an application to the court to give it a standing oppression claim.","author":{"id":"rajah@cobaltcounsel.com","first":"Rajah","last":"Lehal","bio":"Rajah Lehal is Founder and CEO of Clausehound.com.  Rajah is a legal technologist and technology lawyer who is, together with the Clausehound team, capturing and sharing lawyer expertise, building deal negotiation libraries, teaching negotiation in classrooms, and automating negotiation with software.","image":{"childImageSharp":{"fluid":{"base64":"data:image/jpeg;base64,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","aspectRatio":1,"src":"/static/d7bbad08c257f3987a4a5710553e9e17/bdd4d/Rajah.jpg","srcSet":"/static/d7bbad08c257f3987a4a5710553e9e17/2b9ee/Rajah.jpg 80w,\n/static/d7bbad08c257f3987a4a5710553e9e17/e5d64/Rajah.jpg 160w,\n/static/d7bbad08c257f3987a4a5710553e9e17/bdd4d/Rajah.jpg 320w,\n/static/d7bbad08c257f3987a4a5710553e9e17/6e63d/Rajah.jpg 400w","sizes":"(max-width: 320px) 100vw, 320px"}}}},"tags":["Case Law","Rajah"]}}},"pageContext":{"slug":"/claims-of-oppression/","previous":{"fields":{"slug":"/contractors-need-to-specify-payments-for-incomplete-tasks-2/"},"frontmatter":{"title":"Contractors need to specify payments for incomplete tasks","tags":["Independent Contractor","Consulting Agreement","Rajah"],"author":{"id":"rajah@cobaltcounsel.com","first":"Rajah","last":"Lehal"}}},"next":{"fields":{"slug":"/contracts-contrary-to-public-policy-from-a-statue/"},"frontmatter":{"title":"Contracts contrary to public policy from a statue","tags":["Contract Drafting","Case Law","Rajah"],"author":{"id":"rajah@cobaltcounsel.com","first":"Rajah","last":"Lehal"}}}}}}