March 2018 Archives

Vexatious Litigant Loses to Statute of Limitations Defence

In Amir-Afzal Watto v. ICC (decided October 2017), Justice Diamond of the Ontario Superior Court of Justice dismissed the fourth separate proceeding brought by a disaffected member of a non-profit corporation on an preliminary basis, finding that a two-year limitation period had expired and therefore the claim was out of time.

Recording a Director's Dissent to Preserve Immunity from Liability

The Canada Not-for-profit Corporations Act ("Act") provides that a director can avoid liability for any resolution or action taken at a board meeting by having his dissent recorded. This post explores how and when such dissent must occur in order to preserve the liability shield.

Lazarus-Like Nature of Corporate Dissolution under the CNCA

In Park v. Canada Korea Foundation (decided August 2017), Justice Bowden of the Supreme Court of British Columbia held that a dissolved (and, therefore, non-existent) corporation still had the limited capacity to take steps to recover litigation costs awarded in its favour and, to that end, to instruct counsel.

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