What is the test for oppressive and unfair prejudice under s. 200 of the Company Act?
British Columbia, Canada
The following excerpt is from Lee v. Lee's Benevolent Association of Canada, 2007 BCSC 794 (CanLII):
Section 200 (2)(a) to (j) then describes the relief available to the court should it find the grounds requiring the imposition of a remedy. In an application under s. 200, the just and equitable test found in s. 272 is considered in determining whether LBAC’s actions have been unfairly prejudicial and whether the application shows either oppression or unfair prejudice. Mr. Justice Lowry (as he then was) in Urquhart v. Technovision Systems Inc., 2002 BCSC 172, aff’d 2003 BCCA 45, discussed the meaning of oppressive and unfair prejudice in the context of s. 200 of the Company Act. Lowry J. wrote:
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