Apr 24, 2014

Oppression remedy may be available to creditors

If a corporation that owes you money has dissipated its assets or has seemingly made itself judgment proof, you still may be able to seek relief from a new corporation that received the assets, or even from the director personally.

The oppression remedy contained in s. 248 of the Ontario Business Corporations Act, R.S.O., 1990, c. B.16 (OBCA) is an equitable remedy which allows the court jurisdiction to enforce not just what is legal, but what is fair. Typically used by minority shareholders to curb abuses affecting them, the remedy can also be used to help a creditor who is owed money by a corporation.

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Photography by Images Money

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