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Corporations - Audits

. Lagana v 2324965 Ontario Inc.

In Lagana v 2324965 Ontario Inc. (Div Court, 2023) the Divisional Court considered (and partially allowed) an appeal of a s.253 OBCA application to "enforce his right as a shareholder to receive audited financial statements" (essentially an 'accounting'):
[2] Carmelo Lagana brought the application under the Business Corporations Act, RSO 1980, c. B.16 (the “OBCA”) to enforce his right as a shareholder to receive audited financial statements from the numbered company respondent. The court appointed an auditor for the corporation under s. 149 of the OBCA. In the part of the order under appeal, the court ordered 2324965 Ontario Inc. to conduct an audit for fiscal years of 2013 to 2022 and to produce its findings and audited financial statements to the Mr. Lagana.

....

[7] In 2020, the corporation ceased active operations. In 2021, the respondent sought audited financial statements for the years he was a shareholder, that is from 2013-2020. Mr. Power refused to provide the requested information.

[8] On February 28, 2022, Mr. Lagana brought an application under s. 253 and s. 149(8) of the OBCA.



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