What is the test for finding a director personally liable for oppression?
Ontario, Canada
The following excerpt is from TSCC Corporation No. 2123 v. Times Group Principals, 2018 ONSC 4799 (CanLII):
The Plaintiff relies on the ruling in Wilson v. Alharayeri which held that the list of categories where a director can be found personally liable for oppression is not restricted to evidence of personal benefit, breaches of personal duty or misused corporate power. The court held that it is “not a closed list of factors to be slavishly applied” and “neither a personal benefit nor bad faith is a necessary condition in the personal liability equation”: [Wilson v. Alharayeri, at para. 50].
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