Is there any case law supporting an equal distribution of the assets of a corporation?
British Columbia, Canada
The following excerpt is from No. 20 CR Ventures Ltd. v Andrex Developments (1985) Ltd., 2019 BCSC 405 (CanLII):
The petitioner makes a number of submissions to support an equal distribution. First, as a fundamental matter, the rights of shareholders include the right to dividends, the right to vote and “the right to participate in the distribution of assets upon dissolution of the corporation” (McClurg v. Canada, 1990 CanLII 28 (SCC), [1990] 3 S.C.R. 1020 at p. 1059). I accept that very general proposition, bearing in mind it is in the dissenting judgment by LaForest J.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If a husband and wife have equalized their assets, is it necessary to divide the assets equalized so that the husband can continue to receive child and spousal support? (British Columbia, Canada)
When a spouse's assets are not family assets, is one of the spouses entitled to an equal division of assets? (British Columbia, Canada)
What is the test for a claim for equalization of spousal support where one spouse has accumulated assets but the other spouse has not accumulated assets? (British Columbia, Canada)
Does a reference to equal shares or equal shares in a will support a per capita distribution? (British Columbia, Canada)
What are the implications of a husband's claim that his wife’s income and assets are equal to that of his assets? (British Columbia, Canada)
In what circumstances will the court focus on the payor's income and assets that have not been included in the equalization or division of matrimonial assets? (British Columbia, Canada)
In what circumstances will the Director of Directors of a Corporation be able to claim that a claim against the Corporation is based on an allegation that the Corporation has not paid the Director a fair share of the proceeds of litigation? (British Columbia, Canada)
Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)
In what circumstances will a payor be asked to use assets that were equalized as between the parties to pay support to the payee spouse? (British Columbia, Canada)
Is there any argument to exclude certain assets from the class of family assets in a claim for interim distribution? (British Columbia, Canada)
