We have all envied, or maybe abhorred, the skilled professional athlete who suddenly demands, and receives a contract enhancement or extension. The impetus is often some other similar athlete being awarded an extravagant sum in contractual negotiations which alters the fair market value of the contracts in that sport. Well, if it works in professional […]
Category Archives: Commercial Litigation
Unjust Enrichment in Civil Litigation
Unjust enrichment is an equitable cause of action. It stems from an ancient principle that no person should be allowed to benefit (be enriched) at another’s expense (deprivation) without there being some valid reason in law for this to have occurred. The remedy is made in equity through a restoration (restitution). In effect, the benefit […]
The Oppression Remedy: An Overview
When corporate actions or decisions negatively impact those with interests in the corporation (including directors, officer, shareholders, creditors, and debtors) the affected parties may have grounds to request an oppression remedy. The oppression remedy focuses on the harm done to the legal and equitable interests of a wide range of stakeholders affected by alleged oppressive […]
Oppression Remedy or Derivative Action?
The Ontario Business Corporations Act (OBCA) and The Canada Business Corporations Act (CBCA) are both remedial statutes. They serve to regulate corporate behaviour but also to remedy some restrictive common law rules that applied to corporations. Two such remedies are the Oppression Remedy and, with leave of the court, The Derivative Action. To understand these […]