BCE Inc v 1976 Debentureholders

BCE Inc v 1976 Debentureholders
Supreme Court of Canada
Hearing: 2008-06-17
Judgment: 2008-06-20
Citations2008 SCC 69; [2008] 3 SCR 560; 301 DLR (4th) 80; 52 BLR (4th) 1; 71 CPR (4th) 303
Docket No.32647 [1]
Prior historyAPPEALS 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)
RulingAppeals 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 JusticeMcLachlin C.J.
Puisne JusticesBastarache, Binnie, LeBel, Deschamps, Abella and Charron JJ.
Reasons given
Unanimous reasons byThe 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.

  1. ^ SCC Case Information - Docket 32647 Supreme Court of Canada
  2. ^ Full text of Supreme Court of Canada decision available at LexUM and CanLII
  3. ^ Cite error: The named reference Rojas2014 was invoked but never defined (see the help page).

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