Sentences with phrase «unfairly prejudicial»

Courts must evaluate the behaviour against the provisions of the provincial condominium act to see whether it is «oppressive and unfairly prejudicial» towards either the corporation itself or the other owners.

[16] The Court of Appeal affirmed this aspect of the trial judgment, noting that liability may lie with directors if they «exercise power in a manner that is unfairly prejudicial or unfairly disregards the interests of the complainant.»

Where a significant shareholder is, as a result of being such a shareholder, appointed to a management role within the company and then engages in a course of conduct in that role involving improper assertion of rights of control over the practical management of the affairs of the company, that conduct is capable of being conduct of the affairs of the company in an unfairly prejudicial manner for the purposes of s 994 of the Companies Act 2006.

On the matter of oppression, the Court of Appeal noted that a petitioner must show it held a reasonable expectation with respect to the conduct of the affairs of the company, and that the reasonable expectation was disappointed by conduct that was oppressive or unfairly prejudicial.

The conduct that has been held to be unfairly prejudicial is enumerated (though this is not an exhaustive list) and the remedies considered.

Recently, the Divisional Court upheld a decision by Lederman J., whereby the court ordered the liquidation of a closely held corporation after finding that one of the shareholders acted oppressively; in other words, in a manner that was unfairly prejudicial to the other shareholders.

that is oppressive or unfairly prejudicial to or that unfairly disregards the interests of any security holder, creditor, director or officer of the corporation, the court may make an order to rectify the matters complained of.

The Ontario Business Corporations Act provides a wide range of remedies to a person affected by the actions of a corporation or its directors that are found to be oppressive, unfairly prejudicial, or unfairly disregard the interests of that person.

Section 248 the Ontario Business Corporations Act states that: «Where, upon an application under subsection (1), the court is satisfied that in respect of a corporation or any of its affiliates, (a) any act or omission of the corporation or any of its affiliates effects or threatens to effect a result; (b) the business or affairs of the corporation or any of its affiliates are, have been or are threatened to be carried on or conducted in a manner; or (c) the powers of the directors of the corporation or any of its affiliates are, have been or are threatened to be exercised in a manner, that is oppressive or unfairly prejudicial to or that unfairly disregards the interests of any security holder, creditor, director or officer of the corporation, the court may make an order to rectify the matters complained of.»

The harassment campaign against Ms. Dyke also added to the corporation's unfairly prejudicial conduct.

She brought an application under Section 135 of the Condominium Act, which creates an oppression remedy where conduct of a condominium corporation is oppressive or unfairly prejudicial or unfairly disregards the interests of the applicant.

Of note with respect to the issue of damages is that the court declined to award punitive damages, notwithstanding Justice Boswell's finding, in paragraph 23 of his reasons for decision, that, «Mr. Dewji's conduct, as the sole director and officer of the defendant corporations, was oppressive, high - handed, callous and unfairly prejudicial to the rights and interests of the plaintiffs.»

To determine what is just and reasonable in the context of a particular factual matrix, the court must determine what the reasonable expectations of the claimant were and whether the conduct of the corporation (or the directors of the corporation) violated those reasonable expectations by conduct that was oppressive, or unfairly prejudicial, or which disregarded the interests of the complainant.

One supposes that the takeaway for employers, directors especially, is that it would be prudent not to treat one's employees in a manner that is «oppressive, high - handed, callous and unfairly prejudicial» to the rights and interests of one's employees.

I am satisfied that Mr. Dewji's conduct, as the sole director and officer of the defendant corporations, was oppressive, high - handed, callous and unfairly prejudicial to the rights and interests of the plaintiffs.

The procedure is that the member files a petition to the court under section 996 of the Companies Act 2006 and a detailed witness statement which includes all the necessary formal information about the company as well as full evidence about the unfairly prejudicial acts.

While victims» accounts regarding the effect of the crime provide relevant information for a sentencing judge, allowing victims to make a specific sentence recommendation seems unfairly prejudicial to the defendant and irrelevant, and the SJC's reasoning in this case does not go far enough in addressing these concerns.

Second, the stakeholder must then show that those reasonable expectations were violated by conduct that was «oppressive, unfairly prejudicial to or unfairly disregarded the interests of any security holder.»

This right to relief requires a certain level of conduct from the corporation, conduct that is: oppressive, unfairly prejudicial or unfairly disregards the interest of any security holder.

Harris» attorney, Washington solo practitioner Steven Kiersh, also argued this morning that the government's case was weak and that the prosecutor made unfairly prejudicial comments during closing arguments.

In a recent case, Seto v. PCC No. 492, several commercial condominium owners were unsuccessful in their application for an order that the condominium corporation had engaged in conduct that was oppressive or unfairly prejudicial to their interests.

Landesman's attorneys say in their motion that the allegations in Schmitt's suit are «irrelevant, scandalous, and unfairly prejudicial.»

Not exact matches

The court also held that, although the convictions were quite old, they still provided some value to the jury, and while the evidence was prejudicial, it was not unfairly so.