The lawyer for the head of the Rogers family trust says his client had a right to remove and replace five directors without a meeting of shareholders under the corporate laws of British Columbia, where the Toronto-based company is incorporated.
Ken McEwan said Edward Rogers had the authority to make that decision under "ordinary resolution" of the board of shareholders because he has the power to vote on behalf of the trust, which controls 97.5 per cent of the shares in Rogers Corporation Inc.
The son of late Rogers founder Ted Rogers claimed he had the power to fire and appoint board members because he is chair of the Rogers Control Trust, prompting a feud with three family members who are on the board. "It has filed evidence of what it asserts are best practices in Canadian corporate governance in an attempt to constrain or influence the statutory rights of shareholders," he said.
Loretta Rogers says in an affidavit filed Friday that the decision to oust her son as chairman of the board was an extremely difficult one for her and other family members after weeks of trying to work with him.
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