Shareholders: Simply Investors or Business Partners?

In a column published by Thomson Reuters, our partner Annie-Claude Trudeau and our lawyer Maxence Désy-Trépanier from our commercial litigation team comment a decision of the Superior Court on an oppression remedy.

The Bergevin v. Corporation des constructeurs conseils decision is a fine example of the application of the various principles guiding the courts in their analysis of oppression remedies brought by shareholders.

The Honourable Justice Forlini reiterates the principle that “the shareholders of a corporation are not mere investors, but business partners whose interests must be taken into account by the corporation’s management, even if they adopt a more passive role” [loose translation], explain the authors.