Strict Construction to Purposive Interpretation, 100 years of Corporate Commercial Law Judgments by the British Columbia Court of Appeal

Abstract

Corporate and commercial law is replete with colourful terminology such as “poison pills,” “white knights,” and “shirking,” all of which are short forms for particular conduct by directors and officers in their oversight of a business.2 While frequently termed “private law,” in reality, corporate and commercial law today is highly codified, and directors, contracting parties, and capital market participants have their activities regulated by a myriad of statutes.3 Hence, there are strong elements of both public and private law in corporate and commercial relations, and this article discusses the British Columbia Court of Appeal’s (bcca’s) contribution to the development of both aspects. There are more than four hundred reported corporate and commercial judgments in the bcca’s history, encompassing many broad areas of law: corporate law, securities regulation, insolvency law, banking law, contract law, secured transactions law, financial regulation, maritime law, debtor and creditor law, and a long list of other areas. This short article can offer only a few broad reflections on the court’s overall contribution as it celebrates its centenary.