Hometime

Hometime · Alberta legislation

RTA Residential Tenancies Act

RTA · Cooperatives Act

Part 13 — Division 1 Repealed 2022 c16 s3(54).

290 Conditions for Court order

Current to 2023-12-07 · Official PDF

(1) The Court may grant the order if it appears to the Court
that the application is neither frivolous nor vexatious and
(a) the business or the affairs of the cooperative are not bei ng
carried on or conducted in accordance with
(i) the restrictions contained in its articles,
(ii) its bylaws,
(iii) a unanimous agreement, or
(iv) this Act,
(b) the business of the coope rative or any of its affiliates is or
has been carried on with intent to defraud a person,
(c) the business or the affairs of the cooperative or any of i ts
affiliates are or have been carried on or conducted, or the
powers of the directors are or have been exercised, in a
manner that is oppressive or unfairly prejudicial to, or that
unfairly disregards the interests of, a member or a security
holder,
(d) the cooperative or any of its affiliates was formed for a
fraudulent or unlawful purpose or is to be dissolved for a
fraudulent or unlawful purpose, or
(e) persons concerned with the formation, the business or the
affairs of the cooperative or any of its affiliates have, in
connection with the formation, business or affairs of the
cooperative, acted fraudulently or dishonestly.
(2) An applicant under this section is not required to give security
for costs.