BCE Inc v 1976 Debentureholders | |
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Hearing: 2008-06-17 Judgment: 2008-06-20 | |
Citations | 2008 SCC 69; [2008] 3 SCR 560; 301 DLR (4th) 80; 52 BLR (4th) 1; 71 CPR (4th) 303 |
Docket No. | 32647 [1] |
Prior history | APPEALS and CROSS‑APPEALS from judgments of the Quebec Court of Appeal (Robert C.J.Q. and Otis, Nuss, Pelletier and Dalphond JJ.A.), 2008 QCCA 934 (CanLII), setting aside decisions by Silcoff J., 2008 QCCS 907 (CanLII) |
Ruling | Appeals allowed and cross‑appeals dismissed. |
Holding | |
Under the CBCA, the s. 241 oppression action and the s. 192 requirement for court approval of a change to the corporate structure are different types of proceedings, engaging different inquiries. | |
Court membership | |
Chief Justice | McLachlin C.J. |
Puisne Justices | Bastarache, Binnie, LeBel, Deschamps, Abella and Charron JJ. |
Reasons given | |
Unanimous reasons by | The Court |
Bastarache J. took no part in the consideration or decision of the case. | |
Laws applied | |
Canada Business Corporations Act |
BCE Inc v 1976 Debentureholders, 2008 SCC 69 (CanLII), [2008] 3 SCR 560[2] is a leading decision of the Supreme Court of Canada on the nature of the duties of corporate directors to act in the best interests of the corporation, "viewed as a good corporate citizen". This case introduced the principle of fair treatment[3] as an organizing principle in Canadian corporate law.
Rojas2014
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