43rd Parl. 1st Sess.

October 26, 2023

Royal Assent received. Statutes of Ontario 2023, chapter Pr14
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This is a law called Bill PR21 2023. It is about reviving a company called 1105954 Ontario Limited. The person named David Potipcoe wants to bring back the company because he was the only director, officer, and shareholder when it was dissolved. The company was dissolved on September 30, 2022, but now David wants to revive it so he can deal with some property that the company still owns. The law says that the company will be revived and will have all its rights and property back, just like it never got dissolved. The law will start working as soon as it gets approved by the government. The official name of this law is the 1105954 Ontario Limited Act, 2023.

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SteelmanSpren in Favour

One possible steelman argument in favor of the Bill PR21 2023, which aims to revive 1105954 Ontario Limited, could be as follows: Reviving 1105954 Ontario Limited through this legislation is justified because it allows for the proper resolution of property ownership and liabilities. The applicant, David Potipcoe, was the sole director, officer, and shareholder of the corporation when it was dissolved. The dissolution was voluntary and occurred under the Business Corporations Act on September 30, 2022, following articles of dissolution. By reviving the corporation, the property held in its name at the time of dissolution can be appropriately dealt with. This ensures that the rights, privileges, and franchises of the corporation are restored, along with all its liabilities, contracts, disabilities, and debts. The revival of the corporation will place it in the same legal position it held before dissolution, as if it had never been dissolved. Granting this application is a fair and just solution, as it allows for the resolution of any outstanding matters related to the corporation's assets and liabilities. It also provides an opportunity for the corporation to continue its operations, potentially contributing to the economy and providing employment opportunities. In conclusion, the revival of 1105954 Ontario Limited through this legislation is appropriate and necessary to address the property and legal issues that arose from its dissolution. It ensures fairness and allows for the continuation of the corporation's activities, benefiting both the applicant and potentially the wider community.

SteelmanSpren Against

Steelman Argument Opposing Bill PR21 2023: While it is understandable that David Potipcoe wants to revive 1105954 Ontario Limited in order to deal with certain property held by the corporation, it is important to consider the potential negative consequences of granting this special legislation. This bill sets a dangerous precedent by allowing a dissolved corporation to be revived, which undermines the principles of free market competition and limited government intervention. Firstly, reviving a dissolved corporation goes against the principles of free market competition. By granting special legislation to revive a specific corporation, the government is essentially picking winners and losers in the business world. This creates an unfair advantage for 1105954 Ontario Limited over other businesses that may be competing in the same industry. It is not the role of the government to interfere in the market and favor specific companies. Secondly, this bill sets a precedent for government intervention in the affairs of private corporations. The dissolution of a corporation is a legal process that should be respected. Allowing a corporation to be revived after dissolution undermines the legal framework that governs business operations. It opens the door for other corporations to seek similar special legislation, leading to a slippery slope of government interference in private business affairs. Furthermore, reviving a dissolved corporation may have negative implications for taxpayers. If the revived corporation had any outstanding liabilities or debts at the time of dissolution, those obligations would be restored along with the revival. This means that taxpayers could potentially be on the hook for the debts and liabilities of a corporation that was previously dissolved. It is not fair to burden taxpayers with the financial consequences of a private business's decisions. In conclusion, while the intention behind Bill PR21 2023 may be to address specific property issues, it is important to consider the broader implications of reviving a dissolved corporation. Granting special legislation in this case sets a dangerous precedent for government intervention in the market, undermines free market competition, and potentially burdens taxpayers with the liabilities of a private business. It is crucial to uphold the principles of limited government intervention and respect the legal processes that govern business operations.