Post by
easyoasy on May 30, 2018 4:42pm
Of interest
Removal by the Court Outside the ordinary removal powers of the shareholders, there are exceptional circumstances where the courts have exercised their power to remove directors. In Catalyst Fund General Part I Inc. v. Hollinger Inc.[1] the oppression remedy provided for in section 241 of the CBCA was recognized as a statutory basis for the court to remove a director. However, Justice Ground in Albrecht v. Kuhn[2], in refusing to remove a director from a corporation’s board, noted that the court will exercise its power of removal in only the most extraordinary circumstances where the continuation of the board of directors in its present state would be harmful to the corporation or where the conduct of the director rises to the level of misconduct. A summary of cases dealing with circumstances where the judiciary has removed a director of a corporation was set out in Walker v. Betts[3].