Legal Blog

Corporate Dissolution

Sickinger v. Krek  2016 Ont C.A

The case discusses section 242 of the Ontario Business Corporations Act. The defendant had commenced a third party claim against a corporation that was voluntarily dissolved sometime later. The corporation moved to dismiss the third party claim against it because of the defendant’s delay in prosecuting the third party claim. The Court of Appeal held that the corporation did not need to be revived to be allowed to bring the motion because although ss (1)(a) proscribed the bringing of an action by a dissolved corporation, a motion was not an action.

Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.