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Fundamental Changes Archives

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.

Saskatchewan Court of Appeal Overturns Flawed Referendum Process

In its 2007 decision in Mowat v. University of Saskatchewan Students' Union, the Saskatchewan Court of Appeal overturned the internal decision of a student association to become a member of a national student federation, despite the approval by a majority of students in a referendum.

BC Case Highlights Perils of Corporate Inflexibility

In Vancouver Opera Foundation, Re (released March 2015), a registered charity incorporated under the Society Act (British Columbia) tried to obtain a court order overriding certain provisions of its constitution that were declared to be unalterable.  While it failed to obtain the court order it sought, the court suggested some viable work-around solutions.

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