Bad Faith and the Oppression Remedy: Uneasy Marriage, or Amicable Divorce?

69 Canadian Bar Review 276-297 (1990)

22 Pages Posted: 16 Aug 2012

See all articles by Jeffrey G. MacIntosh

Jeffrey G. MacIntosh

University of Toronto - Faculty of Law

Date Written: 1990

Abstract

Courts have disagreed on the issue of whether a demonstration of bad faith is an essential element of the plaintiffs cause of action under the corporate oppression remedy. The better argument is that bad faith is not an indispensable element of the cause of action. This conclusion receives jurisprudential support in the history of the common law preceding the enactment of the statutory oppression remedy, and in the purpose and function of the oppression remedy. It is also supported normatively, in that the plaintiffs injury and need for corrective action does not depend on the presence or absence of bad faith on the part of the defendant.

Suggested Citation

Macintosh, Jeffrey G., Bad Faith and the Oppression Remedy: Uneasy Marriage, or Amicable Divorce? (1990). 69 Canadian Bar Review 276-297 (1990), Available at SSRN: https://ssrn.com/abstract=2129835

Jeffrey G. Macintosh (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
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