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 […]
Category Archives: Complex Corporate Commercial Litigation
A Cryptic Cryptocurrency Decision
Traditional currency (i.e. a formalized medium of value and exchange, in the form of paper or metal money, issued by governments) is a form of property at common law. There may be a dispute as to whether it is tangible, or intangible, property-but it is definitely a form of personal property. As such it can […]
Discoverability and Limitation Periods
Limitation periods and discoverability are fundamental concepts in any litigation, including, commercial litigation and appellate litigation. What exactly are these legal principles and why are they so important? Read on for a helpful guide. Limitation Periods Limitation periods are timelines imposed by parliaments in Canada through legislation. They set out the maximum time in which a legal […]
Mary Carter Settlements and Commercial Litigation
Settlements of civil actions, including commercial claims, are both judicially encouraged and desirable. They serve the public interest by unburdening the courts of cases to be tried thereby saving public money. They benefit the litigants who are spared the costs, both direct and indirect, of participating in a trial. They also provide a certainty of […]
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 […]
Hide & Seek – Piercing the Corporate Veil
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If there were no bad people, there would be no good lawyers
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