C-38 - Companies Act

Section 123.78 Disposition versions

1981-02-16

123.78. A vacancy created by the removal of a director may be filled at the meeting at which the removal took place or, if not so filled, in accordance with paragraph 3 of section 89.

The notice of the calling of the meeting must mention, where such is the case, that such an election is to be held if the resolution for removal is adopted.

1979, c. 31, s. 27; 1980, c. 28, s. 14.

1980-01-30

123.78. The judge, before rendering any decision on an appeal, shall allow the parties to present their points of view and, for that purpose, give them, in the manner he considers appropriate, a prior notice of not less than five clear days specifying the date, time and place they may be heard.

If a party thus summonned does not appear or refuses to be heard at the sitting fixed for that purpose or at a resumption of that sitting, the judge may nevertheless conduct the hearing of the case and no judicial recourse may be based on the fact that he so proceeded in the absence of that party.

1979, c. 31, s. 27.