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Nova Oculus Canada Manufacturing ULC v Sather
canada, canadian, case law, court opinion, canlii, abca, 2026abca297, 2026 abca 297 (canlii), 2026, abca, 297, (canlii), 2601-0024ac, 2026, procedure, motion to strike, subject matter jurisdiction, rules of court, alta reg 124/2010, rules 3.68(1)(a) and 3.68(2)(a), whether claim should be struck for lack of subject matter jurisdiction, essential nature or character of claim assessed on pleadings and remedies sought, inherent jurisdiction not ousted, appeal dismissed, statutory interpretation, corporate statute, “complete code” and exclusive jurisdiction, business corporations act, sbc 2002, c 57, s. 301, whether s. 301 abrogates common law or equitable claims relating to a disposition, text, context and purpose applied, absent clear language, section 301 interpreted as limited stakeholder remedy, appeal dismissed, business associations, corporate governance, disposition of undertaking, business corporations act, sbc 2002, c 57, s. 301, whether claim is, in essence, an application to set aside a disposition without special resolution, claim characterized as non, statutory rescission and ancillary relief against alleged wrongdoers, “all or substantially all” treated as pleaded fact, not essence, appeal dismissed
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