2.“Religious
Corporations” and the “Faith-Based Defence”
•With respect to
an oppression remedy or derivative action
under the CNCA, the court is precluded from making an order if the corporation is a “religious corporation”
•Also under the
CNCA, the court may not order liquidation
or dissolution if: (a) the corporation is a religious corporation; (b) the act or omission, the conduct or exercise of power is based on a tenet of faith held by the members; and (c) it was reasonable to base the decision on a tenet of faith, having regard to the activities of the corporation