Oppression Process
Applications for relief can be made by members, their representatives, or in some cases, the Minister following an inspector’s report. Petitioners are often minority shareholders, though majority shareholders may also claim if prejudiced. Shareholders’ agreements can influence claims, as the courts generally respect agreed procedures. Petitions, while potentially tactical, must not constitute an abuse of process.
Pre-trial remedies like injunctions may prevent harmful actions pending resolution. The 2014 Act introduced explicit powers to award compensation, broadening remedies available. Courts aim to provide effective and fair outcomes while balancing the rights of all parties, including the company itself, which may require independent representation. Proceedings may be heard privately to protect sensitive information.
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