Tuesday, January 18, 2011

Oppression remedy - no limitation period?

Paragon Development Corporation v. Sonka Properties Inc., 2011 ONCA 30 is a brief decision dealing in large part with the characterisation of shareholdings through an express or implied trustee. In the decision the Court makes an aside that suggests there is no limitation period for an oppression claim. There is other caselaw that suggests the contrary (see earlier blogpost) but certainly the issue is in play:

[10] Further, no limitation period would apply. This action was, in essence, an oppression action based on breach of fiduciary duty. The trial judge's order to withhold distribution to Sonka was based on the equitable rule in Cherry v. (1839), 41 E.R. 171, or, alternatively, in the court's broad discretion to make an order under s. 248(3) of the Ontario Business Corporations Act, R.S.O. 1990, c. B 16, as amended.

No comments: