Author: Bud Melnyk KC

The breakup of a family can also involve the breakup of a business, and where appropriate, the oppression remedy provides a useful tool for the courts to provide relief to protect the equitable interests of an oppressed applicant. The oppression remedy is a mechanism under the Business Corporations Act that can aid in the resolution of aspects of family law matters. This paper reviews general principles regarding the oppression remedy and explores cases where the remedy has been applied in a family law context. It considers topics such as lack of valid corporate purpose, lack of good faith by directors, discrimination benefitting a majority shareholder, lack of adequate disclosure, plans to eliminate a minority shareholder, cases of no oppression, director liability, procedural options and agreement drafting considerations. The paper also includes a precedent Statement of Claim.

This paper is part of a collection presented at LESA’s Family Law Chambers and Practice Pointers program in Edmonton on January 28, 2025.