The statutory shareholder oppression remedy in Canada has been considered "the broadest, most comprehensive and most open-ended shareholder remedy in the common law world". But if a shareholder dispute is caught by an arbitration agreement, will the aggrieved shareholder be able to obtain from the arbitrator whatever relief that is appropriate under the statutory oppression remedy provisions? The answer to this question is unclear.
I invite you to read my paper on this issue, which was recently published in the Advocates' Quarterly, Vol. 36, No. 4 (March 2010). And feel free to drop me a note if you have any thoughts.
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