Category Archives: Business Litigation

What’s Oppression Got to Do With It?
Posted on: February 8th, 2019 by

Everything, as it turns out. Wilfred v. Dare is a cautionary tale of the consequences of forgetting that the OBCA does not provide for a ‘no fault’ corporate divorce. Does your shareholder agreement provide otherwise? You might want to check.

The Oppression Remedy Reaches Middle-Age – Reflections 44 Years Later
Posted on: January 30th, 2019 by

The statutory oppression remedy is the The Six Million Dollar Man of commercial litigation: a “better, stronger, faster” remedy for addressing oppressive shareholder conduct.

Section 4 of the Interest Act or: When 2 x 12 = 5
Posted on: November 28th, 2018 by

It is not uncommon to see invoices or purchase orders that provide for interest on overdue accounts at a rate of 2 per cent per month with nothing written about the rate of interest per year. The assumption being that anyone with a basic facility with arithmetic understands that this means that interest is payable

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Crossing the Line: Judgment Proofing and the Oppression Remedy
Posted on: May 17th, 2017 by

The Ontario Divisional Court’s decision in T. Films S.A.. v. Cinemavault Releasing International Inc., 2016 ONSC 404 [1] is a reminder that “judgment proofing” is susceptible to attack under the statutory oppression remedy.[2]

Films S.A. involved a situation where T. Films S.A. retained Cinemavault Releasing International Inc. (“CRI”) to act as exclusive distributor

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Are Restrictive Covenants in Restraint of Trade Enforceable: Sometimes
Posted on: June 3rd, 2016 by

The Ontario Court of Appeal’s recent decision in MEDIchair LP reminds me of how difficult it can be for a lawyer to answer the question: Do you think this noncompetition agreement is enforceable?