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Full-Text Articles in Law
Minority Shareholder Rights In Canada And England: 1860-1987, Jeffrey G. Macintosh
Minority Shareholder Rights In Canada And England: 1860-1987, Jeffrey G. Macintosh
Osgoode Hall Law Journal
This article reviews the changing relationship between majority and minority shareholders over approximately the past century and a quarter. In the last century and the early part of this century, company law in Canada and England was built on a foundation of majoritarianism, which was sometimes applied over-zealously by the courts to the detriment of minority shareholders. This majoritarianism has slowly yielded over time, however, to a greater concern for the position of minority shareholders. It is still not clear if controlling shareholders owe fiduciary duties at common law either to the company or to other shareholders. However, the courts …
The Law Of Worker Ownership, Christopher S. Axworthy, David Perry
The Law Of Worker Ownership, Christopher S. Axworthy, David Perry
Osgoode Hall Law Journal
This article discusses Canadian, U.K., U.S., French, and Swedish models of worker ownership and the legal principles which apply to them. Based on the evidence that, in contrast to other traditional forms of workplace organization, worker participation in ownership and management gives rise to greater efficiency and productivity, lower employee absentee rates, greater job satisfaction, reduced need for managerial supervision, the lowest cost per job created and a democratic workplace, the article argues for comprehensive legislation to address the relevant issues surrounding worker ownership, so that worker co-operatives and other forms of worker ownership can reach their full potential in …