Canada Business Corporations Act (R.S.C., 1985, c. C-44)

Marginal note:Court review of election

• 145 (1) A corporation or a shareholder or director may apply to a court to determine any controversy with respect to an election or appointment of a director or auditor of the corporation.

• Marginal note:Powers of court

  (2) On an application under this section, the court may make any order it thinks fit including, without limiting the generality of the foregoing,

  • (a) an order restraining a director or auditor whose election or appointment is challenged from acting pending determination of the dispute;

  • (b) an order declaring the result of the disputed election or appointment;

  • (c) an order requiring a new election or appointment, and including in the order directions for the management of the business and affairs of the corporation until a new election is held or appointment made; and

  • (d) an order determining the voting rights of shareholders and of persons claiming to own shares.