Can a shareholder, officer and director of a corporation seek an oppression remedy for the wrongful dismissal of an employee?
Ontario, Canada
The following excerpt is from Ronen Benin v. DrawSplash Inc., 2014 ONSC 2659 (CanLII):
As described by Blair J. (as he then was) in Naneff v. ConCrete Holdings Ltd. (1993), 11 B.L.R. (2d) 218, in normal circumstances, the wrongful dismissal of an employee would not provide the plaintiff with standing to seek an oppression remedy. It is only where the interests of the employee are integrally intertwined with his interests as a shareholder, officer and director and where the dismissal was part of a pattern of conduct designed to exclude the plaintiff from any active role in the business that the dismissal could properly be considered as an act of oppression.
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