Two sides of same coin: Derivative action and oppression remedy

By Matthew Stroh ( November 28, 2019, 8:51 AM EST) -- One of the most fundamental principles of Canadian corporate law is that a corporation has a legal personality distinct from its shareholders. At common law, shareholders were precluded from bringing their own action in respect of a wrong done to the corporation. Even majority or controlling shareholders had no personal cause of action for a wrong done to the corporation (Foss v. Harbottle (1843), 67 E.R. 189, 2 Hare 461 (Eng. V.C.))....