Does the term "unfairly prejudicial" have a broader scope than that of "oppressive" or "just and equitable"?
British Columbia, Canada
The following excerpt is from Saunders v. Tidewater Development Corp., 1998 CanLII 3919 (BC SC):
Fulton J. found that "unfairly prejudicial" had a scope broader than that of "oppressive" and definitively included equitable considerations. [30] In Nystad v. Harcrest Apt. Ltd., supra, McEachern C.J.S.C. (as he then was) states at p. 47: Whereas the focus with regard to 'oppression' is on the character of the conduct complained of, it is apparent from the judgment of Lord Wilberforce that the focus with regard to the 'just and equitable' provision (in our Act 'unfairly prejudicial') is on the effect of the injured shareholder of the impugned conduct.
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