Rideau Carleton Raceway Holdings, Re, (1984) 6 O.A.C. 99 (DC)

Judge:Galligan, Labrosse and O'Brien, JJ.
Court:Superior Court of Justice of Ontario
Case Date:October 09, 1984
Jurisdiction:Ontario
Citations:(1984), 6 O.A.C. 99 (DC)
 
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Rideau Carleton Raceway Holdings, Re (1984), 6 O.A.C. 99 (DC)

MLB headnote and full text

Re Rideau Carleton Raceway Holdings Ltd.

In The Matter Of the Business Corporations Act, 1982, S.O. 1982, Chapter 4, sections 239 and 251;

And In The Matter Of Rideau Carleton Raceway Holdings Limited;

And In The Matter Of an Order of the Director under the Business Corporations Act dated September 29, 1983 cancelling a Certificate of Amendment dated August 2, 1983, issued to Rideau Carleton Raceway Holdings Limited.

Indexed As: Rideau Carleton Raceway Holdings Ltd., Re

Ontario Divisional Court

Galligan, Labrosse and O'Brien, JJ.

October 9, 1984.

Summary:

This headnote contains no summary.

Company Law - Topic 1126

Incorporation - Director, powers of - Cancellation of a certificate, for "sufficient cause" - Ontario Business Corporations Act, s. 239(1) - The Ontario Divisional Court held that the Director lacked "sufficient cause" to cancel a certificate of amendment, where the applicant was exercising a right grant by statute.

Words and Phrases

Sufficient cause - The Ontario Divisional Court discussed the meaning of the words "sufficient cause" as found in s. 239(1) of the Ontario Business Corporations Act.

Cases Noticed:

Re Holdex Group Ltd., [1972] 3 O.R. 425, refd to. [para. 6].

Statutes Noticed:

Business Corporations Act, S.O. 1982, c. 4, sect. 239(1) [para. 3].

Counsel:

T.G. Heintzman, Q.C., for the appellant;

M.M. Fleishman, for the Director, respondent.

This appeal was heard by Galligan, Labrosse and O'Brien, JJ., of the Ontario Divisional Court on September 18, 1984.

The decision of the Divisional Court was delivered orally by Galligan, J., and was released on October 9, 1984.

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