Oppression remedy properly sought in class action

Jellema v. American Bullion Minerals Ltd., 2010 BCCA 495 follows Ontario precedent (Stern v. Imasco Ltd. [1999] 1 B.L.R. (3d) 198) and holds the oppression remedy can be sought by way of class action. The Court noted that some oppression actions will not be suitable for certification – for example, where shares of the company are not publicly traded and the plaintiff’s complaint relates to his or her particular relationship with the company. In other circumstances, however, where the shares trade publicly and the action, if successful, will benefit all minority shareholders, a class action may be appropriate.