Category Archives: Business Litigation
The Benefits of Learning to Skate Backwards as a Lawyer
One of my mentors used to say to me that to be a good lawyer
you needed to learn to skate backwards. The value of this metaphor is evident
from the Divisional Court’s decision in Basegmez[i].
In Basegmez: 3
partners/shareholders invested in an hotel and condo project; 1 of them was
responsible for day to day management;
the other
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Minority Report: For Shareholders
Minority
shareholders in a closely held private company are not gifted with the same
powers of foresight that Steven Spielberg granted John Anderton (a.k.a Tom
Cruise) and his ‘Pre-Crime’ unit in the 2002 seminal, futuristic crime-drama ‘Minority
Report’. Set in the year 2054, the Pre-Crime unit relied upon mutated humans
called “Precogs” who had an ability to visualize the future.
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What’s Oppression Got to Do With It?
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
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
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
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
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?