The decisions below represent all Commercial List matters published on CanLII in the last year. This list will be updated every week.
Decisions
Keep up to date on the latest Commercial List decisions.
Decisions
- keywords: Business associations — Corporate governance — Shareholder meetings — Appointment of independent chair — Applicants sought an independent chair for the AGM of a publicly traded corporation — Respondent proposed an alternative director as chair, citing compliance with corporate by-laws — Should the Court interfere with the corporate by-laws to appoint an independent chair? — Courts should not interfere with corporate governance absent evidence of impropriety — Ontario Business Corporations Act, R.S.O. 1990, c. B.16, ss. 106, 107 | Securities — Proxy battles — Scrutineer communications — Applicants requested that all communications between the scrutineer (TSX Trust) and the Respondent corporation be shared with them — Allegation of unfair advantage in proxy contest — Should the Court order disclosure of scrutineer communications? — No evidence of impropriety warranting interference with corporate by-laws — Ontario Business Corporations Act, R.S.O. 1990, c. B.16
CanLII | Jul 25, 2025
- keywords: Bankruptcy and insolvency — Recognition of foreign judgments — Israeli insolvency proceedings — Functionary appointed under Israeli law seeking enforcement of Israeli judgments in Ontario — Respondents opposing enforcement on grounds of public policy and abuse of process — Whether enforcement of foreign judgments is consistent with Canadian insolvency law — Principles of comity and surplus distribution under insolvency law — Enforcement granted — Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 | Civil procedure — Enforcement of foreign judgments — Requirements for recognition — Finality, jurisdiction, and definite sum of money — Israeli judgments meeting criteria for enforcement in Canada — Respondents alleging double recovery and prior Canadian decisions addressing related issues — Whether enforcement constitutes abuse of process — Application of Beals v. Saldanha framework — Enforcement granted | International law — Public policy defence — Double recovery — Whether enforcement of Israeli judgments violates Canadian public policy — Respondents alleging prior recoveries satisfied losses — No evidence of recovery under Israeli judgments — Narrow application of public policy defence — Principles of comity and international enforcement of judgments — Defence rejected
CanLII | Jul 17, 2025
- keywords: Bankruptcy and insolvency — Receivership — Approval of Receiver’s activities, fees, and reports — Receiver’s activities conducted within the scope of the Appointment Order and Housing Services Act — Court satisfied with prudence and diligence of Receiver’s actions — Standard practice of periodic court approval of Receiver’s activities — Approval granted for Receiver’s fees and reports — Test for approval of court-appointed officer’s actions under inherent jurisdiction | Property — Housing co-operatives — Receivership — Approval of Receiver’s activities and fees — Receiver’s mandate to stabilize Co-op’s finances, governance, and operations — Receiver’s actions included urgent repairs, governance improvements, and financial management — Court satisfied with Receiver’s compliance with Appointment Order and Housing Services Act — Approval of Receiver’s activities and fees justified under relevant case law | Municipalities — Housing Services Act — Request for Expressions of Interest and Qualifications (RFEIQ) process — Receiver’s authority to propose RFEIQ process for transitioning Co-op out of receivership — Court approval of RFEIQ process limited to initial phases — Receiver directed to report back on progress — Court retains discretion to approve further steps — Test for approval of proposed processes in receivership context | Social welfare — Co-operative housing — Governance and management — Receiver’s authority to evaluate board candidates — Concerns about unresolved governance issues and triggering events — Receiver’s proposed RFEIQ process includes objective criteria for board candidacy — Court limits Receiver’s role in subjective evaluation of candidates — Court emphasizes importance of governance stability in transitioning Co-op out of receivership | Civil procedure — Court supervision of receivership — Restrictions on current Board’s ability to call meetings — Board prohibited from calling AGM or other meetings during RFEIQ process without court approval — Court’s discretion to impose procedural safeguards in receivership proceedings — Balancing stakeholder rights and procedural fairness in court-supervised processes
CanLII | Jul 8, 2025
- keywords: International law — Recognition and enforcement of foreign arbitral awards — New York Convention — Application of the Convention to arbitral awards rendered in Dubai International Financial Centre — Whether the arbitral award should be recognized and enforced despite objections regarding procedural rules and tribunal composition — Governing principles under the New York Convention, Article V | Statutory interpretation — Interpretation of arbitration agreements — Effect of Dubai Decree No. (34) on arbitration agreements referencing DIFC-LCIA Arbitration Rules — Whether the Decree replaced DIFC-LCIA Arbitration Rules with DIAC Arbitration Rules — Principles of Canadian law applied to interpret foreign legislation in the absence of evidence of foreign law | Civil procedure — Procedural fairness in arbitration — Allegations of compressed timelines and inability to retain counsel — Whether the arbitrator’s procedural decisions denied the respondent a fair hearing — Governing principles of procedural fairness in arbitration under the New York Convention
CanLII | Jul 7, 2025
- keywords: Business associations — Oppression remedy — Standing of complainants — Plaintiffs sought to advance oppression claims under section 248 of the OBCA against a corporate director in his personal capacity — Whether plaintiffs, as potential creditors, qualify as proper complainants under section 245(2)(c) of the OBCA — Court found plaintiffs did not meet the criteria for standing as complainants — Ontario Business Corporations Act, R.S.O. 1990, c. B.16, ss. 245, 248 | Securities — Oppression remedy — Standing of potential creditors — Plaintiffs claimed oppression based on alleged breaches of a Consultant Agreement and litigation initiated by the defendant — Whether plaintiffs, as potential creditors, qualify as complainants under section 245(2)(c) of the OBCA — Court held plaintiffs were not creditors at the time of the alleged oppression and lacked standing — Ontario Business Corporations Act, R.S.O. 1990, c. B.16, ss. 245, 248 | Civil procedure — Summary judgment — Rule 20.04(2)(a) — Defendant sought summary judgment to dismiss oppression claims against him in his personal capacity — Whether there was a genuine issue requiring a trial regarding plaintiffs' standing as complainants under the OBCA — Court granted summary judgment, finding no triable issue on standing — Rules of Civil Procedure, R.R.O. 1990, Reg. 194, Rule 20.04(2)(a)
CanLII | Jul 4, 2025
- keywords: Bankruptcy and insolvency — Monitor's reports — Approval of activities — Applicants sought approval of the Monitor's 24th through 27th Reports and activities described therein — Should the Monitor's reports and activities be approved? — Approval granted as activities were consistent with the appointment order and accretive to the progress of the CCAA proceedings — Target Canada Co., (Re), 2015 ONSC 7574 applied | Bankruptcy and insolvency — Wind-Down Order — Reporting obligations — Applicants sought to amend the Wind-Down Order to reduce variance reporting frequency from bi-weekly to monthly — Should the reporting obligations be amended? — Amendment approved to reduce administrative burdens and professional fees while maintaining transparency | Bankruptcy and insolvency — Addition of Applicant — Claims process — Block 6 Holding Inc. — Applicants sought to add Block 6 as an Applicant and approve a restricted claims process and administration charge — Should Block 6 be added as an Applicant, and should the claims process and charge be approved? — Relief granted as Block 6 met statutory requirements under the CCAA and inclusion maximized stakeholder value | Bankruptcy and insolvency — Sale of property — French discharge order — Applicants sought approval of the sale of the 3550 Pitfield Property and a French discharge order for Québec land registry compliance — Should the sale and discharge order be approved? — Sale and discharge order approved as the transaction met section 36 CCAA factors and Soundair Principles | Bankruptcy and insolvency — Mediation — Cost allocation — Applicants sought approval of a Court-appointed mediator to resolve cost allocation issues among financiers — Should the mediation process and mediator be approved? — Mediation approved as it advanced the remedial purposes of the CCAA and minimized delays — 1057863 B.C. Ltd. (Re), 2022 BCSC 759 applied
CanLII | Jul 2, 2025
- keywords: Business associations — Shareholder disputes — Settlement agreements — Breakdown of business relationships — Disentanglement of business interests — Dispute over share transfer obligations under a Settlement Agreement — Whether the court can compel the transfer of shares in ELI and HLI — Settlement Agreement upheld as valid — Relief deferred pending resolution of related proceedings — Interconnected litigation involving multiple parties and claims | Contracts — Settlement agreements — Enforcement — Applicants sought to compel the transfer of shares under a Settlement Agreement — Whether the Settlement Agreement’s terms required the transfer of shares upon receipt of specified payments — Court held that prior decisions did not automatically compel share transfer — Relief deferred pending resolution of related proceedings — Settlement Agreement interpreted as binding but subject to conditions | Obligations — Pre-conditions to performance — Share transfer obligations under a Settlement Agreement — Whether mortgages placed on properties without consent impacted obligations under the Settlement Agreement — Respondent argued pre-conditions were not met due to mortgage issues — Court deferred relief pending resolution of related proceedings — Outstanding PSA Action and Kayzan Distribution Application raised concerns about share value and obligations | Civil procedure — Costs — Partial indemnity costs awarded — Applicants ordered to pay $60,000 in costs to the respondent — Costs awarded due to the court’s decision to defer relief pending resolution of related proceedings — Costs fixed inclusive of taxes and disbursements
CanLII | Jun 30, 2025
- keywords: Business associations — Corporate restructuring — Plan of arrangement — Section 192 of the Canada Business Corporations Act (CBCA) — Amalgamation and debt restructuring — Does the proposed arrangement meet the statutory requirements, including solvency, good faith, and impracticability of proceeding under other CBCA provisions? — Statutory prerequisites for approval of corporate arrangements under section 192 of the CBCA | Securities — Fairness of arrangement — Stakeholder interests — Voting results — Fairness opinion — Does the proposed plan of arrangement under section 192 of the CBCA meet the fairness and reasonableness test? — Factors for assessing fairness and reasonableness of corporate arrangements, including stakeholder approval and fairness opinions | Business associations — Releases — Scope of releases — Released Parties — Are the proposed releases in favour of the Released Parties appropriate under section 192(4) of the CBCA? — Judicial discretion to approve releases in corporate arrangements under section 192(4) of the CBCA | Civil procedure — Objections to arrangement — Stakeholder objections — Claims of default — Inadequate disclosure — Should objections raised by stakeholders, including claims of default and inadequate disclosure, affect the approval of the plan of arrangement? — Judicial consideration of stakeholder objections in corporate arrangement proceedings
CanLII | Jun 27, 2025
- keywords: Business associations — Corporate governance — Board of Directors — Constitution of the Board — Improperly convened meetings — Deficient notice — Shareholder approval requirements — Whether the Board of Directors of Visionary Holdings Inc. as of March 25, 2025, constitutes the lawful Board — Ontario Business Corporations Act, s. 122(1) — VHI By-Law No. 1, ss. 3.8, 4.4 — Court held that improperly convened meetings were void and confirmed the March 25, 2025 Board as lawful | Business associations — Investigation orders — Section 161 of the OBCA — Prima facie case of oppression — Allegations of fraud, stock manipulation, and breach of fiduciary duties — Whether an investigation order is appropriate — Test from Khavari v. Mizrahi applied — Court found prima facie evidence of oppressive conduct and ordered the appointment of an inspector | Business associations — Injunctions — Restraining participation in management — Fiduciary duties — Allegations of misconduct by a director — Whether Fan Zhou should be restrained from participating in the management of Visionary Holdings Inc. — Test from RJR-MacDonald Inc. applied — Court granted interlocutory injunction restraining Zhou from management pending investigation | Business associations — Shareholder actions — Super-majority voting rights — Restraint on shareholder actions — Whether 3888 Investment Group Limited should be restrained from removing directors during the investigation — Allegations of improper consolidation of voting power — Court restrained 3888 from taking action to change the Board of Directors pending further order
CanLII | Jun 27, 2025
- keywords: Civil procedure — Document production — Privilege claims — Plaintiffs sought production of the Bowen Memo and related documents from the Defendant auditor — Defendant claimed solicitor-client privilege and litigation privilege over the documents — Should the requested documents be produced? — Rule 30 of the Rules of Civil Procedure governs the production of relevant, non-privileged documents | Evidence — Solicitor-client privilege — Plaintiffs sought production of the Bowen Memo and related documents — Defendant claimed solicitor-client privilege, asserting the documents were prepared for legal counsel — Were the documents created for the purpose of seeking or receiving legal advice? — Solicitor-client privilege requires communication with counsel, confidentiality, and the purpose of legal advice | Evidence — Litigation privilege — Plaintiffs sought production of the Bowen Memo and related documents — Defendant claimed litigation privilege, asserting the documents were created in anticipation of litigation — Were the documents created for the dominant purpose of litigation? — Litigation privilege applies where the dominant purpose of a document is reasonably contemplated litigation | Evidence — Document production — Redactions — Plaintiffs argued that even if parts of the Bowen Memo were privileged, non-privileged portions should be produced — Should the documents be produced without redaction? — Non-privileged portions of documents must be disclosed under Rule 30 of the Rules of Civil Procedure
CanLII | Jun 26, 2025
- keywords: Bankruptcy and insolvency — Receivership — Discharge of Receiver — Approval of fees and activities — Receiver sought discharge and approval of its fees and activities — Should the Receiver be discharged, and its fees and activities approved? — Discharge appropriate where Receivership transitions to CCAA proceedings — Fees and activities consistent with Appointment Order and market rates — Bank of Nova Scotia v. Diemer applied | Bankruptcy and insolvency — CCAA Initial Order — Appointment of Monitor and CRO — Insolvent companies sought CCAA protection and appointment of Monitor and CRO — Should the CCAA Initial Order be granted? — Relief appropriate where companies are insolvent and restructuring necessary — Monitor and CRO qualified and supported by stakeholders — Section 11 of the CCAA applied | Construction — Transaction approval — Court-approved sales process — Approval of Transaction with Tridel Builders Inc. for Project completion — Should the Transaction be approved? — Transaction maximizes value and ensures Project completion — Soundair Principles and Nortel factors applied | Civil procedure — Adjournment — Request for adjournment of motions — Château Yorkville Corp. sought adjournment to submit alternative proposal — Should the adjournment request be granted? — Adjournment denied to preserve integrity of sales process and avoid prejudice to stakeholders — Timelines and fairness considerations emphasized | Construction — Reconfiguration Plan — Changes to unit structure — Approval of Tridel Reconfiguration Plan reducing total units — Should the Reconfiguration Plan be approved? — Plan optimizes unit value and balances sales velocity — Minimal impact on schedule or municipal approvals — Section 11 of the CCAA applied | Bankruptcy and insolvency — Interim financing — DIP Credit Agreement and DIP Lenders' Charge — Approval of $615 million DIP financing for Project completion — Should the DIP Credit Agreement and Charge be approved? — Financing necessary to complete Project and supported by stakeholders — Section 11.2(4) of the CCAA applied | Bankruptcy and insolvency — Sealing order — Confidential sales process materials — Request for sealing order for commercially sensitive information — Should a sealing order be granted? — Sealing order appropriate to protect realization efforts and prevent prejudice — Sierra Club and Sherman Estate factors applied
CanLII | Jun 25, 2025
- keywords: Civil procedure — Service of process — Foreign sovereign states — Validity of service through diplomatic channels under section 9(1)(c) and (2) of the State Immunity Act (SIA) — Whether service must comply with the Hague Service Convention under section 9(1)(b) of the SIA — Service deemed valid under SIA without mandatory compliance with the Convention — State Immunity Act, R.S.C., 1985, c. S-18, ss. 9(1), 9(2), 9(5) | International law — Hague Service Convention — Applicability to service on foreign sovereign states — Whether the Convention creates a mandatory hierarchy for service methods under section 9(1) of the State Immunity Act — Interpretation of Canada’s obligations under the Convention — Service through diplomatic channels preserved as an option under Canadian law — Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, 1965 | Statutory interpretation — State Immunity Act — Interpretation of section 9(1) — Whether “may” in section 9(1) creates a hierarchy of service methods — Legislative intent to preserve diplomatic channels as a valid service method — Modern principle of statutory interpretation applied — No mandatory priority for the Hague Service Convention under section 9(1)(b) | Evidence — Proof of service — Conclusive proof under section 14(2) of the State Immunity Act — Certificate issued by Global Affairs Canada confirming transmission of documents to the Republic of Argentina — Service deemed effective on October 23, 2024 — State Immunity Act, R.S.C., 1985, c. S-18, ss. 9(5), 14(2) | Civil procedure — Costs — Partial indemnity costs — Reasonableness and proportionality of costs claimed by the Applicants — Costs awarded to the Applicants in the amount of $79,672.35 — Rule 57 of the Rules of Civil Procedure applied
CanLII | Jun 25, 2025
- keywords: Bankruptcy and insolvency — Companies' Creditors Arrangement Act — Sale approval — Monitor sought approval of Secondary Credit Bid APAs under section 36 of the CCAA — Whether the transactions satisfied section 36(3) factors and Soundair Principles — Court held that the transactions were fair, reasonable, and beneficial to creditors — Section 36(5) not engaged as no purchasers were related to the Applicants — Relief granted under section 36 of the CCAA | Lease — Assignment of tenant leases — Monitor sought approval for assignment of leases under section 11.3 of the CCAA — Whether the factors under sections 11.3(3) and (4) were satisfied — Court found lease assignments appropriate given expedited timelines and lack of tenant restrictions on assignment — Relief granted under section 11.3 of the CCAA | Bankruptcy and insolvency — DIP financing — Allocation of costs — Monitor sought approval of Second DIP Allocation and Orderly Liquidation Mechanics — Whether allocation methodology and liquidation process were equitable and efficient — Court approved allocation consistent with prior orders and market practices — Nortel factors and section 36(3) criteria considered — Relief granted under sections 11 and 36 of the CCAA | Bankruptcy and insolvency — Stay of proceedings — Extension of stay — Monitor sought extension of stay to August 31, 2025, under section 11.02(2) of the CCAA — Whether extension was necessary and appropriate — Court found extension justified to complete transactions and liquidation process — No material prejudice to creditors — Relief granted under section 11.02(2) of the CCAA | Bankruptcy and insolvency — Monitor’s activities and fees — Approval of 12th Report — Monitor sought approval of its activities and fees for February 1 to March 31, 2025 — Whether fees and activities were reasonable and consistent with the Monitor’s mandate — Court approved fees and activities as reasonable and accretive to value maximization — Standard of reasonableness applied — Relief granted
CanLII | Jun 20, 2025
- keywords: Contracts — Privity of contract — Third-party rights — Non-party to a settlement agreement claiming rights under it — Whether the doctrine of privity of contract prevents a non-party from obtaining benefits or rights under the Kalber Settlement Agreement — Common law doctrine of privity and its exceptions — Bertrand v. Academic Medical Organization of Southwestern Ontario, 2024 ONCA 319 — Fraser River Pile & Dredge Ltd. v. Can-Drive Services Ltd., [1999] 1 S.C.R. 108 | Estates and trusts — Interpretation of settlement agreements — Disposition of estate property — Proper interpretation of the Kalber Settlement Agreement and its effect on the Special Shares of Kalber — Whether the agreement includes a disclaimer or renunciation of Brenda's interest in the Special Shares — Sattva Capital Corp v Creston Moly Corp, 2014 SCC 53 — Principles of contractual interpretation | Civil procedure — Costs — Fixing costs — Discretionary decision under s. 131 of the Courts of Justice Act — Factors considered in fixing costs, including result, complexity, and conduct of parties — Costs fixed at $65,000 inclusive of disbursements and HST — Balancing compensation of the successful party with fostering access to justice — Boucher v Public Accountants Council (Ontario) (2004), 71 O.R. (3d) 291 (C.A.)
CanLII | Jun 20, 2025
- keywords: Bankruptcy and insolvency — Recognition of foreign orders — Companies' Creditors Arrangement Act (CCAA) — Confirmation Recognition and Termination Order — Recognition of US Confirmation Order and Plan — Should the Court recognize and enforce the US Confirmation Order and Plan in Canada? — Court satisfied that the Plan is fair, reasonable, and consistent with the CCAA — Broad discretion under section 49(1) of the CCAA to protect debtor property and creditor interests | Bankruptcy and insolvency — Creditor treatment — Third-party releases — Public policy — Plan provisions — Does the Plan comply with Canadian public policy and the principles of the CCAA? — Plan includes third-party releases, creditor treatment, and restructuring transactions — Court finds Plan consistent with CCAA principles and not contrary to public policy — Canadian courts recognize Chapter 11 plans with similar provisions | Bankruptcy and insolvency — Fees and disbursements — Information Officer — Approval of fees — Should the fees and disbursements of the Information Officer and its counsel be approved? — Fees assessed for reasonableness and value provided — Court satisfied fees are consistent with market rates and accretive to the progress of the proceedings — Approval granted under principles from Laurentian University and Re Nortel | International law — Comity — Recognition of foreign proceedings — Jurisdiction — Does the Court have jurisdiction to recognize the US Confirmation Order and approve the Plan? — Recognition consistent with principles of comity and legislative objectives of the CCAA — Court recognizes Chapter 11 as a foreign main proceeding under section 47 of the CCAA — Jurisdiction to grant relief under section 49(1) of the CCAA
CanLII | Jun 20, 2025
- keywords: Contracts — Dispute resolution — Earn-out provisions — Purchase and Sale Agreement (PSA) — Dispute over inclusion of limited partnership units in earn-out calculation — Should the dispute be referred to an independent accountant under the PSA? — Court held that the PSA's dispute resolution clause mandates referral of unresolved disputed items to an independent accountant, including disputes involving contractual interpretation | Sale — Earn-out entitlements — Development Payment Earn-Out Amounts — Triggering events under PSA — Dispute over whether limited partnership units constitute a "Development Payment" — Does the transaction trigger an earn-out payment? — Court found that the PSA's language and commercial context support referral of the dispute to an independent accountant | Obligations — Contractual interpretation — Parties' obligations under PSA — Dispute over whether respondents structured transactions to avoid earn-out payments — Does the PSA prohibit actions that reduce earn-out payments? — Court emphasized the importance of interpreting contracts to avoid commercial absurdity and ensure sound business principles | Statutory interpretation — Commercial agreements — Dispute resolution mechanisms — Interpretation of PSA provisions regarding independent accountant's jurisdiction — Should unresolved disputes involving contractual interpretation be referred to an accountant? — Court held that the PSA's language and intent support referral of all unresolved disputed items to an independent accountant
CanLII | Jun 19, 2025
- keywords: Bankruptcy and insolvency — Appointment of receiver — Just or convenient standard — Application under section 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act — Receiver appointed to preserve and maximize value for stakeholders — Test for appointing a receiver includes holistic consideration of property, creditor rights, and stakeholder interests — Governing principles from Freure Village and other precedents applied | Business associations — Joint ventures — Real estate joint venture — RioCan-HBC JV — Limited partnership interests — Secured creditors as fulcrum stakeholders — Whether the appointment of a receiver is necessary to manage complex corporate structures and protect stakeholder interests — Court’s discretion to appoint a receiver in joint venture disputes | Property — Secured financing — Receiver’s Borrowings Charge — Authorization for Receiver to borrow up to $20 million to fund operations and preserve assets — Secured creditors’ claims prioritized — Whether borrowing and charges are necessary to stabilize operations and protect secured creditors’ interests — Governing principles for secured financing in receivership | Civil procedure — Receivership costs — Allocation of costs against JV Properties — Mechanism for Priority Secured Lenders to terminate receivership in respect of their collateral — Whether proposed cost allocation and termination provisions are fair and reasonable — Court’s discretion to approve procedural mechanisms in complex receiverships | Lease — Commercial leases — Joint venture lease agreements — HBC disclaiming leases and ceasing rent payments — Impact on JV Entities’ ability to meet secured debt obligations — Whether receivership preserves leasehold interests and mitigates prejudice to landlords — Court’s role in balancing landlord and creditor interests in insolvency proceedings
CanLII | Jun 19, 2025
- keywords: Contracts — Validity of capital calls — Partnership agreements — Real estate development — Whether the 2024 Capital Call was valid under the Harlo Partnership Agreement — Capital call provisions in section 4.5 of the agreement — Interpretation of contractual terms in light of the factual matrix — Capital call deemed valid under the agreement's clear terms | Contracts — Default under partnership agreements — Failure to fund capital calls — Whether Dream Impact committed an Event of Default by not funding the 2024 Capital Call — Payment Default provisions in section 4.6 of the Harlo Partnership Agreement — Event of Default triggered by non-payment of called capital | Contracts — Put Notice validity — Disputes over major decisions — Whether Dream Impact's Put Notice was valid and binding — Interpretation of "Dispute" and "Major Decision" under the Harlo Partnership Agreement — Put Notice deemed invalid as no valid dispute existed regarding a major decision | Contracts — Continuing default — Dilution of partnership interest — Whether there is a continuing Event of Default after other partners funded Dream Impact's share under section 4.7 — Consequences of dilution under section 4.7 — No continuing Event of Default after dilution of Dream Impact's interest
CanLII | Jun 19, 2025
- keywords: Civil procedure — Costs — Full indemnity scale — Successful parties sought full indemnity costs due to plaintiff’s conduct, including fabrication of evidence, breach of court orders, and refusal to accept reasonable settlement offers — Should costs be awarded on a full indemnity scale? — Rule 49.13 allows consideration of non-compliant offers in assessing costs — Full indemnity costs awarded to successful parties | Civil procedure — Costs — Partial indemnity scale — Corporate defendants argued for partial indemnity costs for certain entities — Should costs payable by corporate entities be assessed on a partial indemnity scale? — Costs for corporate entities assessed on a partial indemnity scale at 50% of full indemnity | Evidence — Costs — Excessive hours and rates — Plaintiff challenged the number of hours and hourly rates claimed by defendants’ counsel, citing overlap and unsuccessful motions — Should the court reduce costs due to alleged excesses? — Plaintiff’s failure to provide a comparative costs outline undermined arguments — Costs reduced for certain interlocutory motions and case conferences | Civil procedure — Costs — Offers to settle — Defendants relied on multiple offers to settle, including a Rule 49 offer, to justify full indemnity costs — Plaintiff failed to accept reasonable offers, including one withdrawn before trial — Does failure to accept reasonable offers justify full indemnity costs? — Court considered offers under Rule 49.13 and awarded full indemnity costs
CanLII | Jun 17, 2025
- keywords: Bankruptcy and insolvency — Asset purchase agreement — Sale of intellectual property — Approval of APA under section 36 of the CCAA — Soundair Principles — Business judgment rule — Whether the sale process was fair, reasonable, and transparent — Court approved the APA as the highest and best offer — Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36, s. 36 | Contracts — Asset purchase agreement — Intellectual property — Sale of Hudson's Bay trademarks and iconic stripes — Whether the APA with Canadian Tire Corporation should be approved — Court found the APA to be fair and reasonable — Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36, s. 36 | Civil procedure — Sealing orders — Confidential Appendix to the Fourth Report — Test for discretionary limits on court openness — Whether sealing order was necessary to protect the integrity of the sale process — Court granted sealing order to prevent disclosure of competing bids — Courts of Justice Act, R.S.O. 1990, c. C.43, s. 137(2) | Labour and employment — Wage Earner Protection Program Act — Terminated employees — Declaration under WEPPA to assist employees in accessing benefits — Whether the declaration was appropriate given the termination of most employees — Court issued declaration to minimize hardship for terminated employees — Wage Earner Protection Program Act, S.C. 2005, c. 47, s. 5 | Bankruptcy and insolvency — Termination of stay of proceedings — Receivership — JV Entities — Whether the stay of proceedings and CCAA proceedings for certain entities should be terminated — Court approved termination of stay and appointment of Receiver over JV Entities — Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36
CanLII | Jun 10, 2025
- keywords: Bankruptcy and insolvency — Receivership — Appointment of receiver — Public interest — Respondents consented to the appointment of B. Riley Farber Inc. as Receiver — Allegations of mismanagement, misappropriation of funds, and irregularities in mortgage administration — Should the Court appoint a receiver under the Mortgage Brokerages, Lenders and Administrators Act, 2006 and the Courts of Justice Act? — Test for appointing a receiver under s. 37 of the MBLAA and s. 101 of the CJA applied | Civil procedure — Mareva injunction — Freezing of assets — Consent of defendant — Mareva injunction sought against Mr. Sussman to prevent dissipation of assets — Defendant consented to the order — Should the Court grant a Mareva injunction, and under what terms? — Test for Mareva injunction from Sibley & Associates LP v. Ross applied | Estates and trusts — Trust property — Receivership charges — Extension of Receiver's Charge over trust assets — Receiver required to manage and preserve trust assets for the benefit of stakeholders — Should the Court extend the Receiver's Charge to trust assets held by the Respondents? — Discretion to extend receivership charges over trust property exercised sparingly per Ontario (Securities Commission) v. Consortium Construction Inc
CanLII | Jun 9, 2025
- keywords: Bankruptcy and insolvency — Receivership — Disclaimer of agreements — Court-appointed Receiver seeking to disclaim pre-sale agreements, including agreements of purchase and sale, to maximize recovery for creditors — Does the Receiver have the authority to disclaim such agreements? — Test for disclaimer includes legal priorities, enhancement of asset value, and equitable considerations — Receiver authorized to disclaim agreements to maximize recovery for secured creditors | Property — Constructive trust — Equitable interest — Purchaser claiming equitable interest in property under a pre-sale agreement — Whether purchaser has a beneficial interest when the purchase price is not fully paid — Constructive trust requires full performance of contractual obligations — Purchaser not entitled to equitable interest or priority over secured creditors | Contracts — Entire agreement clause — Supplementary agreements — Whether a supplementary agreement or "as is, where is" agreement overrides a subsequent agreement of purchase and sale containing an entire agreement clause — Entire agreement clause precludes reliance on prior agreements — Supplementary agreement unenforceable due to termination by subsequent agreement | Sale — Purchase price adjustments — Upgrades and extras — Whether payments for upgrades and extras should be credited against the purchase price under a pre-sale agreement — Invoice for upgrades and extras found to be separate from the purchase price — Payments for upgrades not credited against balance owing | Bankruptcy and insolvency — Equities in receivership — Priority of secured creditors — Whether equities support a preference for a purchaser over secured creditors in a receivership proceeding — Purchaser’s claim based on undisclosed agreements and partial payments — Equities favour secured creditors and adherence to priority scheme in insolvency
CanLII | Jun 9, 2025
- keywords: Bankruptcy and insolvency — Stay of proceedings — Companies' Creditors Arrangement Act — Applicants sought an extension of the stay of proceedings to complete liquidation, lease monetization, and restructuring processes — Whether the stay extension was appropriate under section 11.02 of the CCAA — Court satisfied that Applicants acted in good faith and had sufficient liquidity — Stay extension granted to July 31, 2025 | Lease — Post-filing rent obligations — Landlord objections — Oxford Properties did not oppose the stay extension provided post-filing rent was paid — Whether the stay should apply to Non-Applicant Stay Parties — Court held that landlords could bring motions to lift the stay if rent was unpaid — Stay extended with conditions | Statutory interpretation — Distributions during CCAA proceedings — Applicants sought authorization to distribute funds to ABL and FILO Agents — Whether section 11 of the CCAA permits interim distributions outside a plan of arrangement — Court held that distributions were appropriate to minimize interest expenses and were supported by the Monitor — Distributions approved | Bankruptcy and insolvency — Creditor objections — Neiman Marcus Transaction — RioCan opposed distributions, citing insufficient analysis of prior transactions — Whether concerns about the Neiman Marcus Transaction justified delaying distributions — Court found no basis to delay distributions, as FILO Lenders provided new capital — Distributions approved without reservation of rights
CanLII | Jun 9, 2025
- keywords: Civil procedure — Document production — Privilege claims — Plaintiffs sought production of the Bowen Memo and related documents from PwC — Whether the documents are protected by solicitor-client privilege or litigation privilege — Rule 30 of the Rules of Civil Procedure requires production of non-privileged, relevant documents — Proportionality under Rule 29.2.03 — Court ordered production without redaction as privilege claims were not substantiated | Evidence — Solicitor-client privilege — Litigation privilege — Bowen Memo prepared by PwC forensic team — Whether the Memo was created for the purpose of seeking legal advice or in anticipation of litigation — Privilege requires dominant purpose to be legal advice or litigation — Court found no evidence of legal advice request or litigation purpose | Professional responsibility — Auditor duties — Transition of audit mandate — Plaintiffs alleged negligence by PwC and Deloitte in handling fraud suspicions during audit transition — PwC claimed compliance with professional obligations under Ontario Business Corporations Act and CPA Ontario Code of Professional Conduct — Court reviewed privilege claims in context of professional responsibilities
CanLII | Jun 9, 2025
- keywords: Business associations — Oppression remedy — Corporate governance — Injunctive relief — Plaintiffs sought to restrain the defendant from using corporate funds to pay legal fees in an oppression claim — Whether the plaintiffs met the test for injunctive relief under RJR-McDonald — Court dismissed the motion, finding no irreparable harm — Ontario Business Corporations Act, R.S.O. 1990, c. B.16, s. 248 | Civil procedure — Injunctive relief — RJR-McDonald test — Irreparable harm — Plaintiffs argued that the use of corporate funds to pay legal fees created litigation imbalance — Court found no irreparable harm as damages could be compensated monetarily — Injunction denied | Statutory interpretation — Ontario Business Corporations Act — Section 248 — Fairness principles — Plaintiffs sought interim relief under s. 248 based on fairness, arguing that corporate funds should not be used to fund the defendant’s legal fees — Court held that fairness did not override the traditional injunction test — Relief denied | Estates and trusts — Fiduciary duties — Corporate by-laws — Indemnification of legal fees — Plaintiffs challenged the defendant’s reliance on corporate by-laws for indemnification of legal fees, alleging oppressive conduct — Court deferred determination of indemnification rights to trial — No interim relief granted
CanLII | Jun 6, 2025
- keywords: Business associations — Shareholders' rights — Shareholders' Agreement — Plaintiff sought financial documents from defendants under a Shareholders' Agreement — Defendants argued plaintiff was a beneficial shareholder and a "Defaulting Shareholder" — Does the Shareholders' Agreement entitle the plaintiff to the requested documents? — Shareholders' Agreement terms govern access to financial documents, and no implied limitation on rights for "Defaulting Shareholders" was found | Access to information — Financial records — Shareholders' rights — Plaintiff sought production of financial documents to understand the handling of his investment — Defendants did not dispute the relevance or proportionality of the documents — Is the plaintiff entitled to the production of financial documents? — Rules of Civil Procedure, r. 30.04(5), govern the production of relevant, non-privileged documents | Estates and trusts — Trust beneficiaries — Access to records — Plaintiff claimed entitlement to financial documents as a trust beneficiary — Defendants argued plaintiff lacked standing — Does a trust beneficiary have a proprietary right to access financial records? — Beneficiaries are entitled to records necessary to understand the handling of their investment | Civil procedure — Equitable relief — Clean hands doctrine — Defendants alleged plaintiff acted in bad faith and lacked clean hands — No evidence of improper purpose or bad faith was provided — Should the plaintiff be denied equitable relief for lack of clean hands? — Clean hands doctrine requires evidence of improper conduct; no such evidence was found | Civil procedure — Limitations Act — Statutory bar — Defendants argued plaintiff's request for documents was statute-barred under the Limitations Act, 2002 — Plaintiff contended he was unaware of any loss until payments ceased in 2024 — Is the plaintiff's request for documentation barred by the Limitations Act? — Limitation periods begin when the plaintiff knows or ought to know of the loss; no such knowledge was established
CanLII | Jun 6, 2025
- keywords: Business associations — Corporate governance — Directors' rights — Access to corporate records — Director sought access to books and records under section 144 of the OBCA — Whether a director has an unconditional right to inspect corporate records — Case law supports broad interpretation of "adequate accounting records" — Section 144 of the OBCA governs directors' rights to access corporate records | Access to information — Corporate records — Personal information — Whether PIPEDA prevents disclosure of Loan Agreements containing personal information to a director — PIPEDA does not impose an absolute prohibition on disclosure to directors — Disclosure required by law under section 144 of the OBCA — PIPEDA provisions interpreted as recommendations, not mandatory obligations | Access to information — Corporate governance — Improper purpose — Whether a director's request for access to corporate records can be denied for improper purpose — Allegations of improper purpose unsupported by evidence — Directors do not need to provide reasons for inspection under section 144 of the OBCA — Request for access found to be bona fide | Access to information — Timelines for compliance — Whether 60 days or 5 days is appropriate for providing access to corporate records — Court determined no additional time required as no new records needed to be created — Access to be provided within 5 days | Civil procedure — Costs — Fixing costs — Substantial indemnity basis — Whether costs should be awarded on a substantial indemnity basis — Court found no conduct warranting higher scale of costs — Costs fixed at $30,000 on a partial indemnity basis — Factors under Rule 57.01 considered
CanLII | Jun 6, 2025
- keywords: Civil procedure — Privilege — Litigation privilege — Plaintiffs claimed litigation privilege over 282 documents listed in their Particularized Schedule B — Defendants sought production of documents for court inspection — Did the plaintiffs meet their onus to establish litigation privilege? — Plaintiffs established privilege on a balance of probabilities — Court declined to review documents absent sufficient evidence to displace privilege — Rules of Civil Procedure, R.R.O. 1990, Reg. 194, rr. 30.04(6), 30.06(d) | Estates and trusts — Fiduciary duties — Oppression — Plaintiffs alleged oppressive conduct and breaches of fiduciary duty by estate trustee in managing estate assets — Plaintiffs claimed litigation privilege over communications related to estate investigations — Did the plaintiffs establish litigation privilege over documents related to estate management? — Litigation privilege established for communications from December 16, 2019, onward — Blank v. Canada (Minister of Justice), 2006 SCC 39 applied | Evidence — Privilege — Court inspection of documents — Defendants sought court inspection of privileged documents to challenge privilege claims — Should the court order production of documents for inspection? — Court declined to inspect over 280 documents absent evidence raising doubt about privilege claims — Rule 30.06 requires evidence, not speculation, to justify inspection — Alberta (Information and Privacy Commissioner) v. University of Calgary, 2016 SCC 53 applied
CanLII | Jun 6, 2025
- keywords: Bankruptcy and insolvency — Authority of Monitor — Bankruptcy application — Monitor’s authority under section 36.1 of the Companies’ Creditors Arrangement Act (CCAA) — Whether further court authorization is required for the Monitor to bring a bankruptcy application — Monitor acting as a judgment creditor — Court authorization granted if necessary — Companies’ Creditors Arrangement Act, R.S.C., 1985, c. C-36, s. 36.1 | Bankruptcy and insolvency — Acts of bankruptcy — Ceasing to meet liabilities — Section 42(1)(j) of the Bankruptcy and Insolvency Act (BIA) — Debtor unable to pay judgment debts — No liquid assets, income, or access to credit — Test for ceasing to meet liabilities generally as they become due — Bankruptcy and Insolvency Act, R.S.C., 1985, c. B-3, s. 42(1)(j) | Bankruptcy and insolvency — Discretion to dismiss application — Section 43(7) of the BIA — Debtor’s claim of future ability to pay debts — Ownership of disputed assets subject to litigation — Future events insufficient to establish solvency — Court declines to exercise discretion to dismiss application — Bankruptcy and Insolvency Act, R.S.C., 1985, c. B-3, s. 43(7) | Bankruptcy and insolvency — Stay of application — Bona fide dispute — Section 43(10) of the BIA — No bona fide dispute between debtor and creditors — Dispute limited to third-party litigation — Credibility issues and uncertain outcome of pending litigation — Stay denied — Bankruptcy and Insolvency Act, R.S.C., 1985, c. B-3, s. 43(10) | Civil procedure — Mareva injunction — Post-judgment Mareva order — Risk of dissipation of assets — Test for continuing Mareva injunction in aid of execution — Debtor’s transfer of assets for nominal consideration — No undertaking as to damages required — Mareva order continued — Bankruptcy and Insolvency Act, R.S.C., 1985, c. B-3 — Tabrizi v. Majesty Development Group Inc., 2022 ONSC 2665
CanLII | Jun 5, 2025
- keywords: Statutory interpretation — Bank Act — Retail deposit accounts — Termination of banking relationship — Applicant sought reinstatement of retail deposit account under section 627.17 of the Bank Act — Does section 627.17 require a bank to maintain an account after opening, or does it only govern the initial opening? — Statutory interpretation principles applied — No legislative intent to alter common law right of banks to terminate accounts with reasonable notice | Statutory interpretation — Damages — Applicant sought damages for account closure under the Bank Act — Whether damages could be awarded for alleged breach of section 627.17 — Court found no breach of statutory obligation — Damages claim dismissed | Evidence — Norwich Order — Extraordinary relief — Applicant sought disclosure of information leading to account termination — Test for Norwich Orders applied — Bona fide claim required — Applicant failed to establish evidence of a wrongdoer — Request for Norwich Order dismissed
CanLII | Jun 3, 2025
- keywords: Civil procedure — Mareva injunction — Continuation of injunction — Plaintiff sought continuation of Mareva injunction against defendants — Defendants opposed continuation, arguing high threshold for extraordinary relief not met — Should the Mareva injunction be continued? — Test for Mareva injunction includes strong prima facie case, risk of dissipation, and irreparable harm — Injunction continued as criteria satisfied | Torts — Fraudulent misrepresentation — Prima facie case — Plaintiff alleged fraudulent misrepresentation by defendants in investment scheme — Defendants argued plaintiff accepted high-risk investment and failed due diligence — Has the plaintiff established a strong prima facie case of fraud? — Fraudulent misrepresentation established where false representation, knowledge, reliance, and loss proven | Contracts — Entire agreement clause — Fraudulent misrepresentation — Defendants argued entire agreement clause precluded reliance on representations outside contract — Can an entire agreement clause bar claims of fraudulent misrepresentation? — Entire agreement clauses do not preclude remedies for fraudulent misrepresentation | Evidence — Risk of dissipation — Bank records and asset disclosure — Plaintiff presented evidence of defendants' financial conduct, including asset dissipation and misrepresentation — Defendants argued no risk of dissipation — Is there a risk of dissipation of assets justifying the injunction? — Risk of dissipation inferred from evidence of fraudulent conduct and asset transfers
CanLII | Jun 2, 2025
- keywords: Bankruptcy and insolvency — Receivership — Appointment of receiver — Ontario Securities Commission sought appointment of receiver under section 129 of the Securities Act — Allegations of misuse of investor funds and diversion of equity among projects — Whether receivership is in the best interests of creditors and stakeholders — Broad discretion of courts under section 129 — Criteria for appointing a receiver — Ontario Securities Act, R.S.O. 1990, c. S.5, s. 129 | Securities — Investor protection — Misuse of funds — Ontario Securities Commission investigation into alleged diversion of investor equity for undisclosed purposes — Marketing materials and limited partnership agreements indicated single-purpose investments — Whether investor funds were improperly diverted among projects — Governing principles for appointing a receiver under section 129 of the Securities Act | Evidence — Evidentiary standard — Section 129 application — Whether the Ontario Securities Commission must establish a strong prima facie case or meet a lower threshold — Standard of “serious concerns” sufficient for interim protective measures — Comparison to evidentiary standards in other sections of the Securities Act — Ontario Securities Act, R.S.O. 1990, c. S.5, s. 129 | Civil procedure — Admissibility of evidence — Hearsay — Transcripts of investor interviews conducted by the Ontario Securities Commission — Whether transcripts are admissible for the truth of their contents — Non-hearsay purposes, including impeachment of witnesses — Restrictions under sections 16 and 17 of the Securities Act on disclosure of investigation materials — Ontario Securities Act, R.S.O. 1990, c. S.5, ss. 16, 17 | Property — Scope of receivership — Creditor rights — Whether certain properties should be excluded from the receivership order — Arguments by secured creditors for exclusion of specific properties — Risks of fragmented enforcement and lack of central oversight — Court’s discretion to include all properties to ensure coordinated administration — Ontario Securities Act, R.S.O. 1990, c. S.5, s. 129
CanLII | May 29, 2025
- keywords: Bankruptcy and insolvency — Corporate restructuring — Plan of arrangement — Liquidity challenges — Approval of arrangement under section 192 of the CBCA — Whether the arrangement satisfies statutory and court-mandated requirements, is proposed in good faith, and is fair and reasonable — Test for approval of arrangements under BCE Inc., Re and Concordia International Corp. (Re) — Arrangement approved as necessary to avoid insolvency and maximize stakeholder value | Business associations — Oppression remedy — Section 241 of the CBCA — Complainant’s reasonable expectations — Whether the company acted oppressively, unfairly prejudicially, or unfairly disregarded the complainant’s interests — Serial voting rights under the Existing Indenture — Use of CBCA arrangement provisions to override contractual terms — Oppression application dismissed as complainant’s expectations were not reasonable in the circumstances | Civil procedure — No action clause — Indenture provisions — Whether the "no action" clause in the Existing Indenture bars the complainant from bringing an oppression application — Interpretation of contractual clauses in the context of CBCA arrangements — Oppression application barred by the "no action" clause as claims were not for the equal and rateable benefit of all noteholders | Contracts — Breach of contract — Civil conspiracy — Whether the company breached the Existing Indenture or engaged in civil conspiracy with certain noteholders — Claims of breach of contract and civil conspiracy dismissed — Arrangement approved under section 192 of the CBCA overrides contractual non-compliance — No evidence of unlawful means to support civil conspiracy | Business associations — Releases and waiver provisions — Final order under section 192 of the CBCA — Scope of releases and waiver of defaults — Whether releases and waiver provisions are appropriate and necessary to prevent collateral attacks on the arrangement — Releases approved as essential to the restructuring and consistent with prior CBCA cases
CanLII | May 29, 2025
- keywords: Bankruptcy and insolvency — Receivership — Appointment of representative counsel — Investors in syndicated mortgages brokered by a regulated mortgage brokerage — Receiver appointed to administer the debtor’s estate — Should representative counsel be appointed to represent investors in the receivership proceedings? — Jurisdiction to appoint representative counsel under Rules of Civil Procedure and Courts of Justice Act — Factors considered in appointing representative counsel in insolvency proceedings | Securities — Syndicated mortgages — Investor protection — Allegations of wrongdoing by mortgage brokerage, including misappropriation of funds and irregularities in mortgage registration — Should representative counsel be appointed to protect the interests of investors in syndicated mortgages? — Court’s discretion to appoint representative counsel to avoid inefficiency and multiplicity of legal retainers | Professional responsibility — Competing applications for representative counsel — Two law firms proposed to represent investors in receivership proceedings — Which firm should be appointed as representative counsel? — Factors considered include experience, proposed approach, fee structure, and potential conflicts — Preference for firm offering upfront transparency and cost certainty | Civil procedure — Terms of court orders — Opt-out process for investors in representative counsel appointment — Are the terms of the order appointing representative counsel appropriate? — Court amends draft order to clarify opt-out timeline and ensure diverse representation on the investor committee — Representative counsel’s fees subject to court approval
CanLII | May 28, 2025
- keywords: Bankruptcy and insolvency — Receivership — Appointment of receiver — Terms of receivership order — Respondents consented to the appointment of B. Riley Farber Inc. as Receiver — Should the Receiver be appointed, and are the terms of the order appropriate? — Public interest and just or convenient standard under s. 37 of the MBLAA and s. 101 of the CJA — Court satisfied that receivership is necessary to protect stakeholders and investigate irregularities | Securities — Syndicated mortgages — Mismanagement and investor complaints — SMFI regulated under the MBLAA — Allegations of misappropriation, irregularities in mortgage registration, and investor funds misdirected — Should a court-supervised receivership process be implemented to address investor concerns? — Protection of public interest under the MBLAA and CJA | Civil procedure — Representative counsel — Motion to appoint representative counsel for SMFI investors — Short notice of motion service raised procedural concerns — Should the motion be granted, and what procedural safeguards apply? — Hearing adjourned to allow for proper notice and submissions — Urgency balanced with procedural fairness
CanLII | May 26, 2025
- keywords: Civil procedure — Summary judgment — Limitations Act, 2002 — Defendants moved for summary judgment to dismiss claims as statute-barred and lacking genuine issues for trial — Whether the claims against the defendant lawyer and corporation should proceed to trial — Test for summary judgment under Rule 20 of the Rules of Civil Procedure — Hryniak v. Mauldin framework applied | Evidence — Discoverability — Limitations Act, 2002 — Plaintiffs alleged breaches of fiduciary duty, negligence, and unjust enrichment — Whether plaintiffs had actual or constructive knowledge of material facts to trigger the limitation period — Grant Thornton LLP v. New Brunswick standard for plausible inference of liability applied | Obligations — Unjust enrichment — Payments to Heel Strike Corporation — Plaintiffs alleged unjust enrichment from mortgage advances — Defendants argued payments were loan repayments supported by evidence — Whether there was a genuine issue requiring a trial — Summary judgment granted for Heel Strike Corporation | Professional responsibility — Duty of care — Negligence — Plaintiffs alleged defendant lawyer owed duties to non-client Premiere Self Storage Inc. — Whether a duty of care existed for losses related to business interests and assets — No evidence of a solicitor-client relationship or duty to non-client — Summary judgment granted for the defendant lawyer
CanLII | May 20, 2025
- keywords: Bankruptcy and insolvency — Companies' Creditors Arrangement Act (CCAA) — Real estate broker's entitlement to commission — Monitor's role in land restructuring — Disputes over commission claims in equity transactions — Whether commission claims can be resolved in the context of ongoing CCAA proceedings — Framework for resolving disputes in complex insolvency contexts | Contracts — Real estate brokerage agreements — AMSA and Listing Agreements — Whether AMSA provides for commission on equity transactions — Interpretation of "transaction" and "sale" under AMSA — Expiry of Listing Agreements and its impact on commission claims — Governing principles of contract interpretation in commercial contexts | Contracts — Holdover provisions — MSA holdover clause — Whether negotiations with Stelco during MSA term entitle broker to commission — Requirements for holdover provisions to apply — Evidence of ongoing negotiations or prospects under MSA — Application of holdover clauses in real estate brokerage contracts | Obligations — Unjust enrichment — Quantum meruit — Real estate broker's claim for commission in absence of contractual entitlement — Whether services provided enriched the client — Corresponding deprivation and juristic reason — Application of equitable principles in commercial disputes
CanLII | May 12, 2025
- keywords: Business associations — Shareholder disputes — Oppression remedy — Unanimous Shareholders Agreement (USA) — Plaintiff alleged oral agreement for equal division of shares in Bolt Technologies Incorporated — USA contained entire agreement and paramountcy clauses precluding reliance on prior oral agreements — Did the USA foreclose the plaintiff's claim for additional shares? — USA provisions upheld as binding and enforceable, precluding claims based on alleged oral agreements | Contracts — Oral agreements — Shareholder agreements — Plaintiff alleged enforceable oral understanding for equal division of shares — Defendant denied such agreement, relying on the USA — Was there an enforceable oral agreement or representation? — No enforceable oral agreement found; USA superseded any alleged prior understanding | Evidence — Credibility — Fabrication of evidence — Plaintiff produced and later disavowed a fabricated document purporting to confirm an oral agreement — Did the plaintiff's conduct undermine his credibility and disentitle him to equitable relief? — Plaintiff's fabrication of evidence violated the "clean hands" doctrine, barring equitable remedies | Obligations — Fiduciary duties — Misappropriation of proprietary information — Plaintiff downloaded and retained confidential company documents after resignation — Engaged in competitive activities with competitors and new ventures — Did the plaintiff breach fiduciary and contractual obligations? — Plaintiff breached fiduciary and contractual duties; disgorgement of profits and punitive damages awarded | Torts — Punitive damages — Breach of fiduciary duty — Plaintiff's misconduct included fabricating evidence, withholding information, and breaching confidentiality — Are punitive damages warranted to deter and denounce such conduct? — Punitive damages of $100,000 awarded to reflect the court's denunciation of the plaintiff's conduct
CanLII | May 7, 2025
- keywords: Bankruptcy and insolvency — Companies' Creditors Arrangement Act (CCAA) — Appointment of Representative Counsel — Sale and Investment Solicitation Process (SISP) — Art Collection — Independent third-party evaluation — Should Representative Counsel be appointed to represent employees and retirees? — Should the Art Collection be removed from the SISP? — Broad discretion of the court under section 11 of the CCAA to balance stakeholder interests | Labour and employment — Representative Counsel — Employees and retirees — Vulnerable stakeholders — Pension and benefit entitlements — Should Representative Counsel be appointed to represent non-unionized employees and retirees? — Factors from CanWest Publishing Inc. (Re) and Nortel Networks Corporation (Re) applied — Holistic analysis of stakeholder vulnerability and efficiency in CCAA proceedings | Property — Art Collection — Cultural and historical significance — Royal Charter of 1670 — Auction process — Should the Art Collection be removed from the SISP and auctioned separately? — Compliance with Canadian heritage and cultural property laws — Engagement of Heffel Gallery Limited as auctioneer — Transparent and fair process for disposition of artifacts | Civil procedure — Appointment of Representative Counsel — Independent third-party evaluation — Process for selecting counsel — Should an independent third party evaluate proposals for Representative Counsel? — Appointment of Hon. Herman Wilton-Siegel to ensure fairness and independence — Rule 10.01 of the Rules of Civil Procedure and section 11 of the CCAA applied | Indigenous peoples — Cultural artifacts — First Nations interests — Assembly of Manitoba Chiefs — Stakeholder engagement — What considerations should govern the disposition of culturally significant artifacts? — Compliance with Canadian Cultural Property Export Control List — Balancing cultural, spiritual, and historical significance with other stakeholder rights
CanLII | May 6, 2025
- keywords: Bankruptcy and insolvency — Appointment of receiver — Just or convenient standard — Applicant sought appointment of receiver under s. 101 of the Courts of Justice Act and s. 243 of the Bankruptcy and Insolvency Act — Whether appointment of a receiver was just or convenient in light of the circumstances — Test for appointing a receiver includes consideration of all relevant factors — Application dismissed as appointment was not just or convenient | Civil procedure — Receivership applications — Just or convenient standard — Applicant sought to enforce security agreements through appointment of a receiver — Whether the court should exercise its discretion to appoint a receiver — Court must consider the rights of all parties and balance potential prejudice — Appointment denied due to unresolved issues regarding the underlying debt | Contracts — Guarantees — Defenses to enforcement — Respondents alleged breach of duty of good faith by creditor in connection with amendments to APS — Whether bona fide defense to Guarantee precluded appointment of receiver — Breach of duty of good faith cannot be contracted out of — Existence of bona fide defense weighed against granting receivership order | Obligations — Duty of good faith — Creditor conduct — Creditor failed to oppose amendments to APS that reduced its recovery and shifted value to related party — Whether creditor’s conduct precluded appointment of receiver — Creditor’s inequitable conduct weighed against granting extraordinary remedy of receivership
CanLII | May 5, 2025
- keywords: Bankruptcy and insolvency — Recognition of foreign orders — Lease termination — Canadian Debtors subject to Chapter 11 proceedings in the U.S. Bankruptcy Court — Motion for recognition and enforcement of the Reimer Lease Termination Approval Order under the Companies' Creditors Arrangement Act (CCAA) — Whether the court should grant the Eighth Supplemental Order — Governing principles for recognition of foreign insolvency orders under subsection 49(1) of the CCAA | Statutory interpretation — Companies' Creditors Arrangement Act — Recognition of foreign orders — Subsection 49(1) of the CCAA — Whether the Reimer Lease Termination Approval Order meets the statutory requirements for recognition and enforcement in Canada — Interpretation of statutory provisions restricting the disposition of Canadian Debtors' property — Application of the CCAA to cross-border insolvency proceedings | Lease — Termination of leases — Transfer of property — Canadian Debtors party to real property leases in Alberta, Saskatchewan, and Manitoba — Lease Termination Agreement providing for termination of leases, surrender of premises, and transfer of assets — Whether the court should authorize the transfer of property and assignment of subleases notwithstanding restrictions in the Initial Recognition Order — Framework for court approval of lease-related transactions in insolvency proceedings | Contracts — Fairness and reasonableness of agreements — Lease Termination Agreement negotiated in good faith and at arm's length — Termination fee less than potential administrative expense claims and repair costs — Whether the Lease Termination Agreement is fair, reasonable, and in the best interests of the Canadian Debtors and their stakeholders — Principles governing court approval of agreements in insolvency contexts
CanLII | May 2, 2025
- keywords: Civil procedure — Commission and letters of request — Foreign witnesses — Motion for leave to issue commission and letters of request to take evidence from witnesses outside Ontario — Whether the court should grant leave to facilitate a fair and full trial — Rule 34.07 of the Rules of Civil Procedure — Judicial discretion to ensure fairness in trial proceedings | Evidence — Materiality of evidence — Bona fide requests — Anticipated evidence of witnesses residing outside Ontario — Whether the evidence is material to relevant issues in the action — Test for granting commission and letters of request — Moore v. Bertuzzi, 2014 ONSC 1318 — Fair trial considerations | International law — Foreign courts — Enforcement of letters of request — Involvement of foreign judicial authorities in obtaining evidence — Whether the enforcement of letters of request affects trial fairness and efficiency — Procedural challenges in international evidence gathering | Constitution — Abuse of process — Political persecution — Allegations of abuse of process by a foreign state actor — Whether political persecution by a foreign state actor is a relevant defence in a civil fraud action — Relevance of abuse of process to the legitimacy of the action
CanLII | Apr 29, 2025
- keywords: Civil procedure — Leave to amend pleadings — Counterclaims — Rule 27.07(2) of the Rules of Civil Procedure — Counterclaim Plaintiffs sought leave to issue a counterclaim alleging abuse of process, conspiracy, and joint and several liability — Whether leave should be granted to amend pleadings — Court must assess prejudice, limitation periods, and tenability of claims — Leave denied due to non-compensable prejudice and untenable claims. | Torts — Abuse of process — Unlawful means conspiracy — Counterclaim Plaintiffs alleged abuse of process and conspiracy by Counterclaim Defendants, including malicious litigation and extrajudicial actions — Whether claims were statute-barred under the Limitations Act, 2002 — Ontario law applied, and claims were found to be statute-barred — No special circumstances rebutting presumption of prejudice. | Evidence — Proof of foreign law — Saudi law — Counterclaim Plaintiffs argued Saudi law applied to claims of abuse of process and conspiracy — No admissible evidence of Saudi law tendered — In absence of proof, Saudi law deemed same as Ontario law — Claims statute-barred under Ontario law. | International law — Jurisdiction — State immunity — Counterclaim sought to add Saudi officials and entities as defendants — Potential jurisdictional challenges, including state immunity, noted — Procedural complexity and delay in adding foreign parties considered in assessing prejudice — Leave to amend denied.
CanLII | Apr 29, 2025
- keywords: Business associations — Corporate arrangements — Shareholder approval — Proposed arrangement involving a corporation and its shareholders, optionholders, and other stakeholders — Unsolicited acquisition proposal received and countered by an amended arrangement agreement — Board of directors determined amended arrangement was in the best interests of the company — Settlement of motion on consent — Canada Business Corporations Act, R.S.C. 1985, c. C-44, s. 192 — Framework for court approval of corporate arrangements | Civil procedure — Settlement of motion — Consent dismissal — Parties agreed to dismiss the motion with prejudice and without costs — Court approved the settlement and dismissed the motion — Interim and interlocutory injunction vacated entirely — Rules of Civil Procedure, R.R.O. 1990, Reg. 194, rr. 14.05(2), 14.05(3) | Rights and freedoms — Access to court records — Sealing orders — Whether a sealing order should be continued on a permanent basis — Temporary sealing order imposed to prevent market distortion during acquisition proposal — Court declined to continue sealing order, finding the justification no longer existed — Framework from Sierra Club and Sherman Estate applied — Open court principle upheld
CanLII | Apr 25, 2025
- keywords: Business associations — Corporate arrangements — Plan of arrangement — Shareholder vote — Dispute over unsolicited third-party proposal — Interim orders issued to address confidentiality, publication bans, and procedural issues — Should the court balance shareholder rights, corporate governance, and contractual obligations? — Canada Business Corporations Act, R.S.C. 1985, c. C-44, s. 192 | Civil procedure — Interim publication bans — Sealing orders — Commercially sensitive information — Application for interim relief to prevent disclosure of litigation and third-party proposal — Should the court grant a publication ban to protect market integrity and prevent prejudice? — Test for discretionary limits on court openness from Sherman Estate v. Donovan, 2021 SCC 25 | Contracts — Breach of arrangement agreement — Confidentiality agreements — Clean team agreements — Alleged breach of exclusivity provisions in arrangement agreement — Did the applicant breach Article 5 of the agreement by entering into an amended confidentiality agreement with a third party? — Interpretation of contractual obligations under arrangement agreements | Contracts — Injunctions — Superior Proposal — Right to match — Dispute over unsolicited third-party proposal — Should the court issue an injunction to prevent the applicant from accepting or proceeding with a third-party proposal alleged to be a Superior Proposal? — Governing principles for injunctive relief in corporate transactions | Administrative law — Securities regulation — Ontario Securities Commission — Notification of proceedings — Should the Ontario Securities Commission be notified of the application and play a role in addressing procedural and disclosure issues? — Jurisdiction and procedural fairness in corporate governance disputes
CanLII | Apr 25, 2025
- keywords: Business associations — Corporate governance — Press releases — Acquisition Proposals — Superior Proposals — Board of directors — Whether press release should disclose the name of the submitting party and proposed share price — Court held that disclosure of both elements was required — Directions consistent with prior orders and the balance struck in earlier endorsements | Commerce and industry — Mergers and acquisitions — Disclosure obligations — Press releases — Whether disclosure of the submitting party’s identity and proposed share price in response to an Acquisition Proposal is required — Court held that such disclosure was necessary to ensure transparency and compliance with corporate governance standards | Securities — Regulatory compliance — National Instrument — Ontario Securities Commission — Capital markets regulation — Whether disclosure of submitting party’s identity and proposed share price aligns with National Instrument requirements — Court agreed with the Ontario Securities Commission’s position that disclosure was mandatory to ensure compliance with securities regulations
CanLII | Apr 25, 2025
- keywords: Construction — Commercial arbitration — Interpretation of project agreements — Appeal of arbitration award under Arbitration Act, 1991 — Four disputes arising from a public-private partnership (P3) project for highway construction and maintenance — Did the Tribunal err in interpreting the Project Agreement in relation to crossfall remediation, utility relocation, leased land consents, and defect rectification? — Principles of contractual interpretation applied to construction disputes | Contracts — Contractual interpretation — Public-private partnership (P3) agreements — Tribunal’s interpretation of Project Agreement challenged on appeal — Whether Tribunal failed to consider the Project Agreement as a whole — Whether Tribunal misapplied principles of contractual interpretation in four disputes — Standard of review for extricable questions of law in commercial arbitration appeals — Correctness standard applied to legal errors | Civil procedure — Standard of review — Commercial arbitration appeals — Whether the standard of review for extricable questions of law in commercial arbitration appeals is correctness or reasonableness — Application of Vavilov principles to statutory appeals under Arbitration Act, 1991 — Correctness standard applied to questions of law in contractual interpretation | Contracts — Crossfall remediation — Minor Deficiencies — Tribunal found crossfall remediation was outside the scope of the Project Agreement and constituted a Variation — Whether Tribunal erred in classifying crossfall issues as Minor Deficiencies — Tribunal’s findings on safety, drainage, and construction tolerances upheld — No extricable error of law identified | Contracts — Utility relocation and leased land consents — Zenway Boulevard and 407 ETR disputes — Tribunal found Contracting Authority responsible for securing rights to relocate utilities and obtaining consents for leased lands — Whether Tribunal erred in interpreting s. 14.1 and related provisions of the Project Agreement — Tribunal’s interpretation of risk allocation and access rights upheld
CanLII | Apr 25, 2025
- keywords: Bankruptcy and insolvency — Receivership — Discharge of Receiver — Approval of activities, fees, and disbursements — Receiver sought discharge and approval of its Third Report, activities, and fees — Should the Receiver be discharged and its activities approved? — Court adjourned the motion for discharge to allow for a complete record and further submissions — Governing principles for discharge of a Receiver and approval of its activities | Statutory interpretation — Receivership Orders — Impact on pending actions — Applicant sought clarity on whether the Receiver’s discharge would affect its ability to pursue two guarantee actions in Ontario — Does the discharge of the Receiver affect the Applicant’s pending actions? — Court held that the discharge would not affect the Applicant’s ability to pursue the actions — Interpretation of Receivership Orders in relation to pending litigation | Bankruptcy and insolvency — Breach of Receivership Order — Unauthorized commencement of actions — CBJ commenced Alberta and Ontario actions without the Receiver’s consent or leave of the Court — Did CBJ breach the Receivership Order? — Court found CBJ acted in direct breach of the Receivership Order — Principles governing compliance with Receivership Orders | Business associations — Corporate authority — Commencement of legal actions — CBJ commenced actions without corporate authority or legal representation — Were the actions properly commenced under corporate law? — Court found no evidence of corporate authority or Board approval for the actions — Requirements for corporate compliance in initiating legal proceedings | Civil procedure — Adjournment of motions — Completeness of record — Receiver suggested adjournment of the discharge motion to allow for a full record and further submissions — Should the motion for discharge be adjourned? — Court adjourned the motion to ensure a complete record and clarity on the value of pending actions — Principles governing adjournment of motions in commercial proceedings
CanLII | Apr 25, 2025
- keywords: Bankruptcy and insolvency — Appointment of receiver — Just or convenient standard — Applicant sought appointment of a receiver under section 243 of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act — Respondents did not oppose the application — Is it just or convenient to appoint a receiver? — Factors considered holistically, including secured creditor rights, property preservation, and balance of convenience | Bankruptcy and insolvency — Deferral of receivership — Business operations — Applicant proposed deferring the effective date of the receivership to allow the Respondents to continue operating the business temporarily — Should the appointment of the receiver be deferred? — Court considered practical implications, including honoring existing contracts and minimizing disruption | Commerce and industry — Interim monitoring — Business as a going concern — Proposed Receiver agreed to act as Monitor on an interim basis to explore maintaining the business as a going concern — Can the proposed Receiver act as a Monitor? — Court approved interim monitoring to assess financial viability and potential sale as a going concern
CanLII | Apr 22, 2025
- keywords: Business associations — Shareholder disputes — Beneficial ownership — Applicant claimed 15% shareholding in corporation based on investment and work agreement — Respondents denied agreement and alleged repayment of investment — Credibility of witnesses central to dispute — Was the applicant entitled to 15% of the shares? — Enforceable agreement found — Oppression remedy granted under Ontario Business Corporations Act, s. 248 | Contracts — Formation of agreement — Oral and written agreements — Applicant alleged enforceable agreement for 15% shareholding in exchange for $100,000 investment and work — Respondents disputed terms and alleged repayment — Was there an enforceable agreement? — Court found essential terms agreed upon — February 2014 Agreement upheld as binding | Securities — Oppression remedy — Shareholder rights — Applicant sought oppression remedy for failure to issue shares and provide corporate documents — Respondents denied applicant’s shareholder status — Was the applicant entitled to relief under s. 248 of the Ontario Business Corporations Act? — Oppression remedy granted — Reasonable expectations of shareholder violated | Statutory interpretation — Limitations Act, 2002 — Discoverability of claims — Respondents argued claim for shares was statute-barred — Applicant claimed he was unaware of denial of shareholder status until 2024 — When was the claim discoverable? — Court held claim was not discoverable until respondents explicitly denied shareholder status — Claim not statute-barred
CanLII | Apr 14, 2025
- keywords: Civil procedure — Contempt of court — Sanctions — Costs — Defendants found in contempt for failing to comply with court orders, including a Turnover Order — Plaintiffs sought full indemnity costs as a sanction — Should full indemnity costs be awarded as a sanction for contempt? — Rule 60.11(5) of the Rules of Civil Procedure — Factors for determining sanctions for contempt include proportionality, deterrence, and aggravating factors | Constitution — Charter breaches — Stay Motion — Plaintiffs breached Charter rights by failing to disclose evidence in a timely manner and splitting their case — Defendants sought substantial indemnity costs for the Stay Motion — Should substantial indemnity costs be awarded for Charter breaches? — Canadian Charter of Rights and Freedoms, s. 24(1) — Costs awarded to defendants on a substantial indemnity basis | Civil procedure — Costs — Set-off — Defendants sought to set off costs awarded for the Stay Motion against outstanding costs owed to plaintiffs from prior decisions — Plaintiffs argued against set-off due to lack of mutuality of debts — Can costs awarded for a Stay Motion be set off against prior costs awards? — Courts of Justice Act, R.S.O. 1990, c. C.43, ss. 96, 106, 111 | Civil procedure — Costs of hearing — February 28, 2025 hearing — Plaintiffs awarded full indemnity costs for the sanction hearing portion of the attendance — No costs awarded for other issues addressed at the hearing — What costs should be awarded for a hearing addressing sanctions, costs, and set-off considerations? — Costs fixed at $50,000 for the sanction hearing
CanLII | Apr 11, 2025
- keywords: Business associations — Corporate governance — Shareholder disputes — Interlocutory injunctions — Applicant sought to restrain respondent from withdrawing funds from corporation under section 248(3)(a) of the Business Corporations Act (Ontario) — Should the test for granting an injunction be "serious issue to be tried" or "strong prima facie case"? — Court applied "strong prima facie case" test for relief akin to Mareva injunctions — Business Corporations Act, R.S.O. 1990, c. B.16, s. 248(3)(a) | Civil procedure — Interlocutory injunctions — Test for granting — Applicant sought to restrain respondent from withdrawing funds from corporation — Did the applicant establish irreparable harm to justify the injunction? — Harm must be irreparable, not merely monetary — Court found no irreparable harm as corporate assets were held in trust or illiquid — Framework from RJR-MacDonald Inc. v. Canada (A.G.) applied | Property — Corporate assets — Restrictions on encumbrances — Applicant sought to prevent respondent from encumbering or withdrawing funds from corporate assets — Should restrictions be imposed on corporate property pending resolution of the dispute? — Court ordered that corporate property not be encumbered without consent or court order — Funds held in trust to remain pending further agreement or court order
CanLII | Apr 9, 2025
- keywords: Civil procedure — Jurisdiction simpliciter — Real and substantial connection — Ontario Superior Court of Justice — Misappropriation of funds originating in Ontario — Trustee of Liechtenstein trust — Presumptive connecting factors — Contracts made in Ontario — Torts committed in Ontario — Rebuttal of presumptive factors — Does the Ontario court have jurisdiction over the Trustee? — Framework from Van Breda and Haaretz.com applied | Contracts — Connection to dispute — Trust Deed and related documents — Contracts made in Ontario — Misappropriation of funds — Loan agreements connected to Ontario — Trustee’s knowledge of Ontario origin of funds — Are contracts connected to the dispute sufficient to establish jurisdiction? — Van Breda principles governing contracts as connecting factors | Estates and trusts — Forum non conveniens — Liechtenstein trust — Governing law and forum clauses favouring Liechtenstein — Multiplicity of proceedings — Equitable remedies sought in Ontario — Is Liechtenstein a clearly more appropriate forum? — High standard for displacing plaintiff’s chosen forum under Van Breda | Evidence — Sufficiency of pleadings — Adequacy of claims against Trustee — Jurisdictional analysis — Allegations of knowing receipt and constructive trust — Are the pleadings sufficient to allow the court to assess jurisdiction? — Threshold for sufficiency of pleadings under Sparkasse and Rule 37.01
CanLII | Apr 8, 2025
- keywords: Civil procedure — Jurisdiction simpliciter — Real and substantial connection — Ontario Superior Court of Justice — Foreign trustee — Misappropriation of funds in Ontario — Contracts connected to the dispute made in Ontario — Torts committed in Ontario — Presumptive connecting factors under Van Breda — Did the Trustee rebut the presumption of jurisdiction? — Ontario courts have jurisdiction over the Trustee based on real and substantial connection principles | Contracts — Governing law and forum clauses — Trust Deed executed in Ontario — Contracts connected to the dispute — Loan agreements made in Ontario — Misappropriation of funds traceable to Ontario contracts — Are contracts connected to the dispute sufficient to establish jurisdiction? — Contracts made in Ontario establish a presumptive connecting factor under Van Breda | Estates and trusts — Forum non conveniens — Trust governed by Liechtenstein law — Trustee domiciled in Liechtenstein — Equitable remedies sought in Ontario — Multiplicity of proceedings — Is Liechtenstein a clearly more appropriate forum? — Ontario is the convenient forum for resolving disputes involving the Trust | Evidence — Sufficiency of pleadings — Adequacy of claims against the Trustee — Jurisdictional analysis — Claims sufficiently pleaded to allow for jurisdictional determination — Do deficiencies in pleadings preclude jurisdictional analysis? — Pleadings meet the threshold for jurisdictional analysis under Ontario law
CanLII | Apr 8, 2025
- keywords: Business associations — Corporate governance — Appointment of inspector — Related party transactions — Allegations of oppressive conduct — Financial mismanagement — Should an inspector be appointed under the Business Corporations Act (Ontario) to investigate the Pharmacies’ financial and business affairs? — Test for appointing an inspector under s. 161 of the OBCA — Prima facie case and appropriateness of investigation — Costs of investigation shared equally by the Pharmacies | Statutory interpretation — Business Corporations Act (Ontario) — Derivative actions — Leave to prosecute — Allegations of misappropriation of corporate funds — Should leave be granted under s. 246 of the OBCA to bring derivative actions on behalf of the Pharmacies and Woodbine Downs? — Best interests of the corporation — Test for granting leave under s. 246 of the OBCA | Contracts — Arbitration clauses — Shareholder agreements — Disputes between shareholders — Derivative actions — Do arbitration provisions in shareholder agreements preclude leave to prosecute derivative actions on behalf of the Pharmacies? — Scope of arbitration clauses — Waiver of arbitration rights through participation in litigation | Civil procedure — Costs — Allocation of costs — Inspector and derivative actions — Should the costs of the inspector and derivative actions be allocated among the parties? — Costs shared equally by the Pharmacies and Gerges — Costs allocation subject to adjustment based on outcome
CanLII | Apr 7, 2025
- keywords: Civil procedure — Production motions — Privilege — Schedule B — Paragon sought a further and better Schedule B from Tamstu’s affidavit of documents, alleging gaps in the numerical sequence of document identification numbers — Whether gaps in document identification numbers justify further disclosure — Court found no evidence of missing documents or improper removal of privileged documents — Request for further and better Schedule B dismissed | Evidence — Privilege — Estate Litigation documents — Paragon sought production of documents from the Estate Litigation, including legal advice and communications — Whether documents were protected by privilege, including joint defence privilege — Court held that joint defence privilege did not apply and ordered production of certain documents not protected by privilege | Contracts — Waiver of solicitor-client privilege — Consulting Agreement — Paragon pleaded absence of legal advice and mistaken belief regarding the Consulting Agreement from 1978 to 2023 — Whether Paragon waived privilege over legal advice received during this period — Court found privilege waived for legal advice up to 2023 but not for 2023 legal advice specifically relied upon in pleadings | Evidence — Settlement privilege — Communications and documents exchanged in 2020–2021 — Tamstu sought production of communications, including the “Discussion Document,” claiming they were not protected by settlement privilege — Whether settlement privilege applied to pre-litigation commercial negotiations — Court found no settlement privilege applied to communications before May 6, 2021, as litigation was not contemplated at that time | Civil procedure — Costs — Divided success — Paragon and Tamstu each succeeded on material issues in their respective motions — Court awarded partial indemnity costs of $50,000 to Paragon and $75,000 to Tamstu, resulting in a net payment of $25,000 by Paragon to Tamstu
CanLII | Apr 7, 2025
- keywords: Bankruptcy and insolvency — CBCA restructuring — Interim order — Plan of arrangement — Applicants sought approval of an interim order under section 192 of the CBCA to facilitate a restructuring plan — Should the interim order be granted to allow the plan to proceed to a vote and fairness hearing? — Interim orders are procedural and require sufficient indication of fairness to proceed — Canada Business Corporations Act, R.S.C. 1985, c. C-44, s. 192 | Business associations — Corporate restructuring — Good faith — Statutory requirements — Applicants proposed a plan of arrangement to address liquidity challenges and extend note maturities — Did the Applicants meet the statutory requirements under section 192 of the CBCA? — Evidence of good faith and impracticality of alternative methods satisfied statutory requirements — Canada Business Corporations Act, R.S.C. 1985, c. C-44, s. 192 | Securities — Voting classification — Commonality of interest — Senior Noteholders — Applicants proposed a single voting class for Senior Noteholders under the interim order — Is the classification of Senior Noteholders into one class appropriate? — Commonality of legal entitlements under the same indenture supports a single class — Canada Business Corporations Act, R.S.C. 1985, c. C-44, s. 192 | Civil procedure — Stay of proceedings — Limited stay — Interim order — Applicants sought a limited stay of proceedings to prevent actions that could disrupt the restructuring process — Should the limited stay of proceedings be approved? — Limited stay authorized under section 192(4) to protect the restructuring process — Canada Business Corporations Act, R.S.C. 1985, c. C-44, s. 192
CanLII | Apr 2, 2025
- keywords: Bankruptcy and insolvency — Companies’ Creditors Arrangement Act — Restructuring Framework Agreement — Approval of RFA sought by debtor company — Stakeholder opposition, including landlords — Monitor’s role in oversight — Should the RFA be approved to facilitate restructuring? — Balancing interests of secured creditors and other stakeholders — Governing principles under the CCAA for approval of restructuring agreements | Statutory interpretation — Companies’ Creditors Arrangement Act — Court’s discretion under section 23(1) — Monitor’s obligations to oversee cash flow and report material variances — Should the court impose additional controls on the debtor company’s use of assets? — Interpretation of statutory provisions governing restructuring oversight | Lease — Landlord opposition to restructuring terms — Impact of RFA on lease agreements — Landlords argue no benefit to debtor company from RFA — Should the court approve terms affecting leaseholders? — Balancing landlord rights with restructuring objectives | Property — Secured creditors’ rights — Collateralized inventory sales — Lenders seek control over proceeds and cash flow — Should secured creditors have veto rights over asset use? — Court’s role in balancing creditor rights and restructuring goals | Obligations — Financial obligations under RFA — Mandatory distribution waterfall and cash collateralization — Are such obligations appropriate at this stage of restructuring? — Court’s discretion to impose financial controls on debtor company | Sale — Restrictions on restructuring transactions — Negative covenants in RFA limiting debtor’s ability to pursue alternative transactions — Should the court pre-authorize restrictions on sale processes? — Ensuring flexibility in the Sale and Investment Solicitation Process (SISP)
CanLII | Apr 1, 2025
- keywords: Bankruptcy and insolvency — Stay of proceedings — Companies’ Creditors Arrangement Act (CCAA) — Applicants sought extension of stay to stabilize operations during restructuring — Monitor supported extension — Should the stay of proceedings be extended to May 15, 2025? — Court satisfied that extension was necessary to maximize recovery for stakeholders — CCAA, ss. 11.02(2), 11.02(3) | Commerce and industry — Liquidation Sale — Lease Monetization Process — Sales and Investment Solicitation Process (SISP) — Applicants proposed three concurrent processes to maximize recovery — Monitor supported processes — Should the Court approve the Liquidation Sale, Lease Monetization Process, and SISP? — Processes approved as reasonable and necessary under CCAA, s. 36 | Bankruptcy and insolvency — DIP Facility — Repayment of obligations — Applicants sought approval to repay DIP Facility due to improved liquidity from robust sales — Monitor supported repayment to minimize interest costs — Should the repayment of the DIP Facility be approved? — Court approved repayment to reduce unnecessary expenses and maximize recoveries | Labour and employment — Key Employee Retention Plan (KERP) — Retention of essential employees — Applicants proposed KERP to retain 121 key employees during restructuring — Monitor supported KERP as necessary for stability — Should the KERP and corresponding charge be approved? — KERP approved as reasonable and necessary under CCAA, s. 11 | Bankruptcy and insolvency — Sealing order — Confidentiality of KERP details — Applicants sought sealing order to protect employee names and compensation — Should the sealing order be granted? — Court granted sealing order, finding it necessary to protect confidentiality and proportional to public interest
CanLII | Apr 1, 2025
- keywords: Civil procedure — Mareva injunction — Variation of orders — Frozen funds — Defendants sought variation of Mareva orders to release funds for legal expenses — Whether the court should vary the Mareva orders to permit release of frozen funds — Balancing competing interests of plaintiffs and defendants — Discretionary nature of variation orders — Framework from Credit Valley and Waxman applied | Evidence — Disclosure of assets — Defendants’ burden of proof — Whether defendants demonstrated no other assets available to pay legal expenses — Adverse inferences from refusal to disclose third-party funding details — Privilege upheld — Mareva orders freezing worldwide assets — Application of trust principles to commingled funds | Evidence — Source of frozen assets — Proprietary claims — Defendants’ onus to show assets not traceable to plaintiffs — Commingled funds and fungibility — Application of trust law principles — Trustee deemed to spend personal funds first — Defendants failed to establish non-proprietary source of frozen funds | Civil procedure — Balancing interests — Mareva injunction — Competing interests of plaintiffs and defendants — High-stakes litigation — Defendants’ right to meaningful participation in trial — Complexity of proceedings — Release of funds for legal representation — Proportionality of funds released relative to frozen assets | Civil procedure — Motion by Dreams International Advisory Services Ltd. — Separate relief sought to release frozen funds for legal expenses — Lack of evidence of precarious funding — Privilege over third-party funding details — Failure to meet burden of proof — Motion dismissed
CanLII | Mar 31, 2025
- keywords: Bankruptcy and insolvency — Companies’ Creditors Arrangement Act (CCAA) — Debtor company — Jurisdiction — Applicant sought an Initial Order under the CCAA, including a stay of proceedings, DIP financing, and court-appointed Monitor — Does the applicant qualify as a “debtor company” under the CCAA, and does the court have jurisdiction to grant the requested relief? — CCAA, R.S.C. 1985, c. C-36, s. 9(1) | Bankruptcy and insolvency — Stay of proceedings — Liquidity crisis — Insolvency — Applicant sought a stay of proceedings to prevent creditors from enforcing rights and to stabilize operations — Should the court grant a stay of proceedings to provide the applicant with the necessary breathing space to restructure? — CCAA, R.S.C. 1985, c. C-36, s. 11.02(1) | Bankruptcy and insolvency — Interim financing — DIP Financing Facility — DIP Lender’s Charge — Applicant sought approval of a $1 million DIP Financing Facility and associated charge — Should the court approve the proposed DIP Financing Facility and the associated DIP Lender’s Charge? — CCAA, R.S.C. 1985, c. C-36, s. 11.2(4) | Bankruptcy and insolvency — Charges — Administration Charge — Directors’ Charge — Applicant sought approval of Administration and Directors’ Charges to secure professional fees and indemnify directors — Should the court approve the Administration Charge and Directors’ Charge as proposed by the applicant? — CCAA, R.S.C. 1985, c. C-36, ss. 11.51, 11.52 | Bankruptcy and insolvency — Monitor — Appointment of Monitor — Applicant proposed Richter Inc. as Monitor to oversee restructuring — Should the court appoint Richter Inc. as the Monitor in the CCAA proceedings? — CCAA, R.S.C. 1985, c. C-36, s. 11.7
CanLII | Mar 26, 2025
- keywords: Bankruptcy and insolvency — Stay of proceedings — Restructuring under the Companies’ Creditors Arrangement Act (CCAA) — Applicants sought an extension of the stay of proceedings to continue good faith discussions with creditors and stakeholders — Should the stay of proceedings be extended? — Court satisfied that Applicants acted in good faith and had sufficient liquidity — Stay extended pursuant to sections 11.02(2) and (3) of the CCAA | Bankruptcy and insolvency — Directors’ Charge — Quantum increase — Applicants sought to increase the Directors’ Charge to $49,200,000 to reflect obligations related to HST remittances, payroll deductions, and employee liabilities — Should the quantum of the Directors’ Charge be increased? — Court approved increase as reasonable and supported by the Monitor — Sections 11.51 and 11.52 of the CCAA applied | Bankruptcy and insolvency — Priority of charges — Administration Charge, Directors’ Charge, and DIP Charge — Applicants proposed amendments to the relative priorities of charges under the Initial Order — Should the proposed amendments to charge priorities be approved? — Court approved amendments as appropriate and consistent with the DIP Term Sheet — Priority waterfall established for different categories of collateral | Bankruptcy and insolvency — Financial advisor engagement — Reflect Advisors, LLC — Applicants sought approval to engage Reflect Advisors, LLC as financial advisor and include it under the Administration Charge — Should the engagement of Reflect Advisors, LLC be approved? — Court approved engagement based on expertise and necessity for restructuring efforts — No increase to Administration Charge quantum — Section 11 of the CCAA applied
CanLII | Mar 24, 2025
- keywords: Bankruptcy and insolvency — Sale of business assets — Appointment of Sales Officer — Deadlock among shareholders — Approval of Sale Process Order — Principles from Royal Bank of Canada v. Soundair Corp. — Whether the proposed Sale Process is fair, transparent, and commercially efficacious — Court’s discretion to approve sale processes in insolvency contexts | Sale — Sale Process Order — Ancillary relief — Approval of Sale Process for insurance policies and related assets — Non-solicitation order to protect purchaser’s investment — Whether restrictions on solicitation are reasonable and necessary — Framework for maximizing asset value in court-supervised sales | Business associations — Corporate governance — Deadlock among shareholders — Oppression remedy applications — Appointment of Sales Officer — Whether enhanced powers as receiver and manager are necessary — Court’s discretion to expand the mandate of court-appointed officers | Civil procedure — Preservation of assets — Transfer of funds and commissions to Sales Officer — Compliance with prior court orders — Whether additional orders are necessary to ensure timely and efficient administration of assets — Rule 63.01 and automatic stays in appeals | Insurance — Interim Broker — Appointment of Kingsmere Financial Services Inc. — Allegations of conflict of interest — Whether appointment undermines integrity of Sale Process — Court’s assessment of impartiality and fairness in court-supervised sales
CanLII | Mar 21, 2025
- keywords: Business associations — Shareholder disputes — Corporate governance — Allegations of misrepresentation and oppression — Plaintiff alleged negligent misrepresentation and oppressive conduct by corporate officers — Defendants denied claims and counterclaimed for abuse of process — Were the defendants' actions oppressive or unfairly prejudicial to the plaintiff's shareholder interests? — Framework for assessing oppression claims under BCE Inc. v. 1976 Debentureholders. | Obligations — Negligent misrepresentation — Share purchases — Plaintiff alleged reliance on misrepresentations regarding share value and uplisting to NASDAQ — Defendants argued public disclosures negated any misrepresentation — Was there a special relationship and reasonable reliance on the alleged misrepresentations? — Test for negligent misrepresentation from Queen v. Cognos Inc. applied. | Obligations — Reasonable reliance — Shareholder sophistication — Plaintiff was an accredited investor with legal and investment experience — Defendants argued reliance on alleged misrepresentations was unreasonable given public disclosures and disclaimers — Was the plaintiff's reliance on the alleged misrepresentations reasonable? — Reasonableness of reliance assessed under McKenna v. Gammon Gold Inc. | Securities — Oppression remedy — Executive compensation — Plaintiff alleged excessive compensation and related-party transactions unfairly disregarded shareholder interests — Defendants argued compensation was disclosed and approved by the board — Did the defendants' conduct violate the plaintiff's reasonable expectations as a shareholder? — Oppression remedy framework from BCE Inc. v. 1976 Debentureholders applied. | Civil procedure — Abuse of process — Counterclaim for reputational harm — Defendants alleged plaintiff's action was initiated for improper collateral purposes, including reputational damage — Plaintiff denied improper motives — Was the plaintiff's action an abuse of process? — Test for abuse of process from Harris v. Glaxosmithkline Inc. applied.
CanLII | Mar 20, 2025
- keywords: Bankruptcy and insolvency — Reverse vesting order — Sale of shares — Companies’ Creditors Arrangement Act (CCAA) — Approval of transaction — Monitor’s role — Harte Gold factors — Soundair principles — Whether reverse vesting structure is necessary — Economic result compared to alternatives — Stakeholder impact — Preservation of licences and permits — Governing rule under section 11 and section 36 of the CCAA | Bankruptcy and insolvency — Releases — Scope of releases — Lydian test — Appropriateness of releases in favour of parties involved in the transaction — Whether releases are necessary and contribute to the restructuring — Governing rule under CCAA jurisprudence | Bankruptcy and insolvency — Stay of proceedings — Extension of stay — Facilitation of transaction completion — Good faith and due diligence — Cash flow projections — Prejudice to creditors — Governing rule under section 11.02(2) of the CCAA | Civil procedure — Sealing order — Commercially sensitive information — Monitor’s report — Public interest in maximizing recovery — Integrity of sales process — Test under Sierra Club and Sherman Estate — Whether salutary effects outweigh deleterious effects
CanLII | Mar 18, 2025
- keywords: Commercial law — Corporations — Arrangements and compromises — Lifting stay
CanLII | Mar 18, 2025
- keywords: Bankruptcy and insolvency — Jurisdiction — Deferred Payments mechanism — Liquidity deficit — Pride Entities sought approval to apply Deferred Payments to fund working capital needs — Does the Court have jurisdiction under section 11 of the CCAA to approve the Deferred Payments mechanism? — Section 11 discretion exercised to further remedial objectives of the CCAA, balancing creditor claims and operational needs | Bankruptcy and insolvency — Interim distribution — DIP Lenders’ Charge — Priority of DIP Lenders’ Charge over pre-filing security interests — Should the Court approve the interim distribution of non-Vehicle PGL Net Proceeds to the DIP Lenders? — ARIO and DIP Term Sheet provisions upheld, requiring proceeds to be applied to DIP Obligations | Bankruptcy and insolvency — Purchase price adjustments — PGL Direct Costs — Holdback amounts — Monitor’s recommendations — Should the Court approve the purchase price adjustments, PGL Direct Costs, and holdback amounts? — Monitor’s recommendations approved as appropriate, unopposed, and necessary for the wind-down process | Bankruptcy and insolvency — Monitor’s activities — Approval of Reports — Stakeholder objections — Should the Court approve the activities of the Monitor as described in the 4th through 20th Reports? — Activities approved to advance proceedings, with no prejudice to future cost allocation or professional fee approvals
CanLII | Mar 17, 2025
- keywords: Debtor and creditor — Receivers — S. 3(1), Courts of Justice Act — R.S.O. 1990, c. C.43, s. 101 — Companies' Creditors Arrangement Act — R.S.C., 1985, c. C-36 — Bankruptcy and Insolvency Act — R.S.C., 1985, c. B-3, ss. 243(1), 245(1)
CanLII | Mar 13, 2025
- keywords: Stay of proceedings — Companies’ Creditors Arrangement Act — R.S.C. 1985, c. C-36 — Canada Business Corporations Act
CanLII | Mar 12, 2025
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | Mar 11, 2025
- keywords: Securities — Ontario Securities Commission — Procedure — Appointment of receiver
CanLII | Mar 11, 2025
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | Mar 11, 2025
- keywords: Commercial law — Practice — Trials — Consolidation
CanLII | Mar 7, 2025
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | Mar 7, 2025
- keywords: Commercial law — Corporations — Arrangements and compromises — Amendments
CanLII | Mar 7, 2025
- keywords: Debtor and creditor — Assignment of indebtedness | Contract law — Interpretation
CanLII | Mar 6, 2025
- keywords: Barristers and solicitors — Confidentiality agreements — Lawyer acting for both parties
CanLII | Feb 28, 2025
- keywords: Commercial law — Receivers — Powers
CanLII | Feb 28, 2025
- keywords: Contract law — Interpretation — share purchase agreement — Vesting
CanLII | Feb 28, 2025
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | Feb 28, 2025
- keywords: Commercial law — Practice — Discovery of documents — Privilege
CanLII | Feb 27, 2025
- keywords: Companies — Arrangements — Vesting orders
CanLII | Feb 27, 2025
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | Feb 27, 2025
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | Feb 27, 2025
- keywords: Commercial law — Receivers — Remuneration
CanLII | Feb 27, 2025
- keywords: Injunctions — Mareva injunction — Preservation order — Rules of Civil Procedure
CanLII | Feb 19, 2025
- keywords: Contract law — Interpretation — investor rights agreement — Material Adverse Change
CanLII | Feb 17, 2025
- keywords: Civil procedure — Stay of proceedings — Extension of time
CanLII | Feb 12, 2025
- keywords: Commercial law — Receivers — Powers — Sale of assets
CanLII | Feb 12, 2025
- keywords: Corporations — Sports corporations — Oppression — Reasonable expectations — Remedies
CanLII | Feb 12, 2025
- keywords: Contract law — Costs — Outcome of litigation
CanLII | Feb 4, 2025
- keywords: Practice — Costs — Interlocutory injunctions — Enforcement
CanLII | Feb 4, 2025
- keywords: Evidence — Expert reports — Rules of Civil Procedure — Cross-examination
CanLII | Feb 3, 2025
- keywords: Mortgages — Priorities — Proceeds — Settlements
CanLII | Jan 30, 2025
- keywords: Courts — Stare decisis — Court-appointed counsel
CanLII | Jan 30, 2025
- keywords: Civil procedure — Severance of Claims
CanLII | Jan 30, 2025
- keywords: Practice — Costs — Security for costs
CanLII | Jan 29, 2025
- keywords: Company law — Sale of assets — Civil procedure — Courts of Justice Act, s. 137(2)
CanLII | Jan 29, 2025
- keywords: Practice and procedure — Sanction orders — Disclosure
CanLII | Jan 29, 2025
- keywords: Personal injuries — Commercial law — Practice — Class actions
CanLII | Jan 29, 2025
- keywords: Personal injuries — Commercial law — Practice — Class actions
CanLII | Jan 29, 2025
- keywords: Corporations — Oppression
CanLII | Jan 24, 2025
- keywords: Practice and procedure — Consolidation of actions — Jurisdiction — Factors in listing
CanLII | Jan 24, 2025
- keywords: Bankruptcy and insolvency — Receivership — Courts of Justice Act — R.S.O. 1990, c. C.43, s.101 — Bankruptcy and Insolvency Act — R.S.C. 1985, c. B-3, s.243(1), s.101
CanLII | Jan 23, 2025
- keywords: Arbitration — Awards — Setting aside — Leave to appeal — The Arbitration Act, 1991, S.O. 1991, c. 17, s. 45(1).
CanLII | Jan 23, 2025
- keywords: Broadcasting — Broadcasting contracts | Interlocutory injunctions
CanLII | Jan 22, 2025
- keywords: Stay of proceedings — Companies’ Creditors Arrangement Act
CanLII | Jan 20, 2025
- keywords: Real property — Commercial law — Receivers — Sale process
CanLII | Jan 3, 2025
- keywords: Civil — Practice — Evidence
CanLII | Jan 3, 2025
- keywords: Debtor and creditor — Receivers — Duties of receiver — Sale process
CanLII | Jan 2, 2025
- keywords: Commercial law — Practice — Trials — Corporations — Shares
CanLII | Dec 24, 2024
- keywords: Labour law — Commercial law — Contract law — Interpretation
CanLII | Dec 24, 2024
- keywords: Bankruptcy and insolvency — Stay of proceedings — Courts of Justice Act, R.S.O. 1990, c. C.43, s. 137(2)
CanLII | Dec 23, 2024
- keywords: Corporations — Arrangements and compromises — Sale of assets
CanLII | Dec 23, 2024
- keywords: Debtor-Creditor — Receivership — Bankruptcy and Insolvency Act
CanLII | Dec 23, 2024
- keywords: Injunctions — Interlocutory injunctions
CanLII | Dec 20, 2024
- keywords: Injunction — Interlocutory injunction
CanLII | Dec 20, 2024
- keywords: Production of documents — Duty to disclose — Test for production
CanLII | Dec 17, 2024
- keywords: Practice — Judgments and orders — Enforcement — Mareva injunctions
CanLII | Dec 12, 2024
- keywords: Civil procedure — Motions to strike — No reasonable cause of action — Rules of Civil Procedure — Rule 60.12
CanLII | Dec 12, 2024
- keywords: Corporate law — Commercial law — Practice — Pleadings — Limitation periods
CanLII | Dec 9, 2024
- keywords: Corporate law — Companies' Creditors Arrangement Act | Trusts — Constructive trust — Unjust enrichment
CanLII | Dec 6, 2024
- keywords: Contempt — Sentencing | Civil procedure — Costs — Solicitor and client costs
CanLII | Dec 4, 2024
- keywords: Real property — Bankruptcy and insolvency — Construction law — Priorities — Construction Act — R.S.O. 1990, c. C.30, s. 78, 243 — Fraudulent Conveyances Act — R.S.O. 1990, c. F.29 — Assignments and Preferences Act — R.S.O. 1990, c. A.31, s. 70 — Courts of Justice Act — R.S.O. 1990, c. C.43, s. 101 — R.S.O. 1990, c. C.30, s. 78(5), (6).
CanLII | Dec 4, 2024
- keywords: Practice — Discovery of documents — Privilege — Litigation privilege — Canada Evidence Act
CanLII | Dec 3, 2024
- keywords: Companies — Arrangements and compromises — Stay of proceedings
CanLII | Nov 28, 2024
- keywords: Construction law — Builders’ liens — Priorities — Construction Act, s. 78(1), (2), (3), (4), (5), (6), 78(2), (8).
CanLII | Nov 27, 2024
- keywords: Corporations — Oppression — and misappropriation of funds — Remedies — Audit of financial statements — Business Corporations Act — R.S.O. 1990, c. B.16, s. 161 — O. Reg. 114/99 — Courts of Justice Act — R.S.O. 1990, c. C.43, s. 134(1)(b)
CanLII | Nov 27, 2024
- keywords: Bankruptcy — Fraudulent transactions — Restructuring — Companies’ Creditors Arrangement Act
CanLII | Nov 27, 2024
- keywords: Torts — Negligence — Duty of care — Pure economic loss
CanLII | Nov 25, 2024
- keywords: Commercial law — Injunctions — Mareva injunctions
CanLII | Nov 25, 2024
- keywords: Contract law — Interpretation — Real property — Mortgages — Discharge — Courts of Justice Act — R.S.O. 1990, c. C.43, s. 101 — Mortgage Brokerage, Lenders and Administrators Act, 2006, S.O. 2006, c. 29, s. 34.
CanLII | Nov 22, 2024
- keywords: Civil procedure — Motions to settle — Notice of motion to remove counsel | Practice — Services — Substituted service
CanLII | Nov 21, 2024
- keywords: Bankruptcy and insolvency — Receivers — Appointments — Sale of assets
CanLII | Nov 21, 2024
- keywords: Practice — undertaking — Deemed undertaking — Rule 30.01(8)
CanLII | Nov 21, 2024
- keywords: Real property — Lis pendens — Cancellation — Fraud — Undue Influence
CanLII | Nov 21, 2024
- keywords: Corporations — Arrangements and compromises — Business Corporations Act, s. 182
CanLII | Nov 21, 2024
- keywords: Practice — Motions — Judgments and orders — Res judicata — Issue estoppel
CanLII | Nov 19, 2024
- keywords: Construction law — Contract law — Interpretation — Arbitration
CanLII | Nov 19, 2024
- keywords: Commercial law — Practice — Class actions
CanLII | Nov 15, 2024
- keywords: Commercial law — Corporations — Arrangements and compromises — Practice — Class actions
CanLII | Nov 15, 2024
- keywords: Commercial law — Contract law — Interpretation
CanLII | Nov 11, 2024
- keywords: Receivership — Sale of assets — Courts of Justice Act, s. 137(2)
CanLII | Nov 11, 2024
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | Nov 8, 2024
- keywords: Debtor and creditor — Stay of proceedings — Companies’ Creditors Arrangement Act
CanLII | Nov 7, 2024
- keywords: Bankruptcy and insolvency — Practice and procedure — Appeals — Motions — 114row — Bankruptcy and Insolvency Act, s. 37, s. 163, appeal dismissed.
CanLII | Nov 4, 2024
- keywords: Companies — Wind-down, Liquidity
CanLII | Oct 28, 2024
- keywords: Judgments and orders — Enforcement — Interpretation
CanLII | Oct 28, 2024
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | Oct 28, 2024
- keywords: Bankruptcy — Receivership — Third party production — Production of documents
CanLII | Oct 28, 2024
- keywords: Commercial law — Corporations — Arrangements and compromises — Amount involved
CanLII | Oct 28, 2024
- keywords: Commercial law — Practice — Stay of proceedings
CanLII | Oct 24, 2024
- keywords: Civil procedure — Pleadings — Amendments — Statement of defence — Counterclaims — Rules of Civil Procedure — Rule 26.01.
CanLII | Oct 24, 2024
- keywords: Conflict of laws — Foreign judgments — Recognition and enforcement — Jurisdiction
CanLII | Oct 17, 2024
- keywords: Commercial law — Receivers — Sale of assets
CanLII | Oct 11, 2024
- keywords: Civil litigation — Rules of Civil Procedure — Costs
CanLII | Oct 10, 2024
- keywords: Commercial law — Receivers — Remuneration
CanLII | Oct 9, 2024
- keywords: Contract law — Real property — Mortgages — Disclosure — Civil procedure — Rules 20.04(2) and (2.1), 20.04(2.1)
CanLII | Oct 9, 2024
- keywords: Civil procedure — Vexatious litigant — Mareva Injunction — Setting aside — conseiller order
CanLII | Oct 3, 2024
- keywords: Commercial law — Contract law — Interpretation
CanLII | Oct 2, 2024
- keywords: Companies — Winding-up — Canada Business Corporations Act
CanLII | Oct 2, 2024
- keywords: Corporations — Arrangements and compromises — Canada Business Corporations Act
CanLII | Sep 30, 2024
- keywords: Injunctions — Interlocutory injunctions — Commercial Arbitration Act, S.O. 2017, c. 2, s. 5.
CanLII | Sep 27, 2024
- keywords: Stay — Application to lift — Orders — Abuse of process — Issue estoppel
CanLII | Sep 26, 2024
- keywords: Commercial law — Corporations — Shareholders — Meetings — Directors and officers
CanLII | Sep 25, 2024
- keywords: Contract law — Insurance — Interpretation — Exclusion clauses — Employment Standards Act
CanLII | Sep 23, 2024
- keywords: Debtor and creditor — Receivers — Appointments
CanLII | Sep 19, 2024
- keywords: Commercial law — Practice — Pre-trial motions
CanLII | Sep 18, 2024
- keywords: Bankruptcy and insolvency — Administration orders — Conditional discharge
CanLII | Sep 18, 2024
- keywords: Corporations — Shareholders agreements — Summary judgment
CanLII | Sep 13, 2024
- keywords: Commercial law — Contract law — Breach — Torts — Fraudulent misrepresentation
CanLII | Sep 13, 2024
- keywords: Civil — Injunctions — Interim injunctions — Requirements
CanLII | Sep 12, 2024
- keywords: Costs — Substantial Indemnity
CanLII | Sep 11, 2024
- keywords: gaining units — Companies' Creditors Arrangement Act
CanLII | Sep 5, 2024
- keywords: Contract law — Interpretation — Indemnity costs — Costs — Partial indemnity costs
CanLII | Sep 3, 2024
- keywords: Bankruptcy and insolvency — Receivers — Claims process — Civil procedure — Standard of review — Companies' Creditors Arrangement Act — R.S.C. 1985, c. C-36 — Bankruptcy and Insolvency Act — R.S.C., 1985, c. B-3, s. 135 — Ontario Securities Commission v. Bridging Finance INC., 2024 — Rule 62.02 — Rules of Civil Procedure, R.R.O. 1990, Reg. 194, Rule 62.02.
CanLII | Aug 29, 2024
- keywords: Commercial law — Corporations — Arrangements and compromises — Satellite signals
CanLII | Aug 29, 2024
- keywords: Civil procedure — Discovery — Examination for discovery — Further examination
CanLII | Aug 23, 2024
- keywords: Construction law — Builders’ liens — Priorities — Construction Act, ss. 14 and 78
CanLII | Aug 21, 2024
- keywords: Environment law — Receivership
CanLII | Aug 21, 2024
- keywords: Bankruptcy and insolvency — Receivers — Powers — Standard of review
CanLII | Aug 20, 2024
- keywords: Bankruptcy — Receivers — Appointments — Bankruptcy and Insolvency Act, s. 243(1)
CanLII | Aug 20, 2024
- keywords: Real property — Commercial law — Receivers — Appointments
CanLII | Aug 20, 2024
- keywords: Construction law — Jurisdiction of the Court
CanLII | Aug 20, 2024
- keywords: Contempt — Sentencing — Civil and criminal contempt — Costs
CanLII | Aug 20, 2024
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | Aug 19, 2024
- keywords: Corporations — Arrangements and compromises — Preservation orders — Business Corporations Act
CanLII | Aug 15, 2024
- keywords: Corporations — Sale of business — Motion to approve sale of assets
CanLII | Aug 15, 2024
- keywords: Civil procedure — Preservation of property — Interim preservation of property | Civil procedure — Costs — Substantial indemnity costs
CanLII | Aug 14, 2024
- keywords: Receivership — Construction law
CanLII | Aug 14, 2024
- keywords: Commercial law — Corporations — Directors and officers
CanLII | Aug 13, 2024
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | Aug 5, 2024
- keywords: Civil procedure — Pierringer agreement — Conditions
CanLII | Aug 5, 2024
- keywords: Bankruptcy and insolvency — Provable claims — Liability of corporate entity — Fiduciary relationships — Bankruptcy and Insolvency Act — R.S.C. 1985, c. B-3, s. 178(1), s. 62(2.1), 68.
CanLII | Jul 26, 2024
- keywords: Commercial law — Practice — Interlocutory motions
CanLII | Jul 25, 2024
- keywords: Contract law — Restrictive covenants — Injunctions
CanLII | Jul 25, 2024
- keywords: Bankruptcy and insolvency — Sale of assets — Preferences — Contract law — Interpretation — Bankruptcy and Insolvency Act — R.S.C., 1985, c. B-3, s. 95 — Personal Property Security Act — R.S.O. 1990, c. P.10
CanLII | Jul 23, 2024
- keywords: Companies — Winding-up — All shareholders must be opposed — Reasonable expectations — Remedies — Business Corporations Act
CanLII | Jul 22, 2024
- keywords: Contract law — Taxation — Debtor-Creditor — Companies’ Creditors Arrangement Act — R.S.C. 1985, c. C-36
CanLII | Jul 18, 2024
- keywords: Practice and procedure — Contempt Motion — Stay of proceedings
CanLII | Jul 18, 2024
- keywords: Bankruptcy — Priorities — Discharge — Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, s. 243 — Courts of Justice Act, R.S.O. 1990, c. C.43, s. 101 — Land Titles Act, R.S.O. 1990, c. L.5, s. 78(4).
CanLII | Jul 12, 2024
- keywords: Practice — Costs — Security for costs
CanLII | Jul 10, 2024
- keywords: Arbitration — Awards — Enforcement | Contract law — Sale process
CanLII | Jul 10, 2024
- keywords: Bankruptcy — Receivers — Claims process — Disputed assets
CanLII | Jul 10, 2024
- keywords: Practice and procedure — Costs — Substantial Indemnity — Limited Partnerships
CanLII | Jul 2, 2024
- keywords: Conflict of laws — Choice of law — Contract law — Interpretation — Jurisdiction — Court-appointed receiver
CanLII | Jul 2, 2024
- keywords: Debtor and creditor — Companies' Creditors Arrangement Act — R.S.C. 1985, c. C-36 — Canada Business Corporations Act
CanLII | Jun 28, 2024
- keywords: Business Corporations — Arrangements and compromises — Practice and procedure — Stay of proceedings
CanLII | Jun 27, 2024
- keywords: Bankruptcy and insolvency — Foreign judgments — Recognition orders
CanLII | Jun 27, 2024
- keywords: Oppression remedy — Business Corporations Act — R.S.O. 1990, c. B.16
CanLII | Jun 25, 2024
- keywords: Civil procedure — Costs — Substantial indemnity costs
CanLII | Jun 20, 2024
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | Jun 18, 2024
- keywords: Bankruptcy and insolvency — Stay of proceedings — Corporations — Winding-up — Proposed Monitor
CanLII | Jun 17, 2024
- keywords: Civil procedure — Costs — Motions
CanLII | Jun 14, 2024
- keywords: Fraud — Non-residents
CanLII | Jun 10, 2024
- keywords: Commercial law — Practice — Class actions — Stay of proceedings
CanLII | Jun 7, 2024
- keywords: Arbitration — Recognition and enforcement of foreign awards — Rules of Civil Procedure — Summary judgment
CanLII | May 29, 2024
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | May 27, 2024
- keywords: Administrative law — Standard of review — Correctness — Arbitration — Jurisdiction — Courts of Justice Act — R.S.O. 1990, c. C.43
CanLII | May 24, 2024
- keywords: Bankruptcy — Recognition order — Conflict
CanLII | May 22, 2024
- keywords: Conflict of laws — Jurisdiction — Real and substantial connection — Forum non conveniens
CanLII | May 16, 2024
- keywords: Commercial law — Contract law — Interpretation
CanLII | May 16, 2024
- keywords: Employment law — Contract law
CanLII | May 7, 2024
- keywords: Company law — Directors — Insolvency — Breach of fiduciary duty — Fraud — Business Corporations Act
CanLII | May 7, 2024
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | May 6, 2024
- keywords: Commercial law — Trusts — Trustees — Passing accounts
CanLII | May 3, 2024
- keywords: Sale of goods — Remedies — Arbitration — International Commercial Arbitration Act
CanLII | Apr 29, 2024
- keywords: Real estate — Commercial law — Practice — Stay of proceedings — Receivers
CanLII | Apr 25, 2024
- keywords: Arbitration — Awards — Setting aside — Preservation orders — Jurisdiction
CanLII | Apr 22, 2024
- keywords: Contract law — Interpretation — Standard form contracts — Contratility — Contracts of perpetual duration
CanLII | Apr 19, 2024
- keywords: Conflict of laws — Contract law — Choice of forum — Commercial arbitration — Rules 14.05(2), 38 — International Commercial Arbitration Act, 2017 — S.O. 2017, c. 2.
CanLII | Apr 18, 2024
- keywords: Commercial law — Partnerships — Limited Partnerships
CanLII | Apr 16, 2024
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | Apr 16, 2024
- keywords: Contract law — Real property — Mortgages — Enforcement — Receivership — Courts of Justice Act s 101
CanLII | Apr 12, 2024
- keywords: Commercial law — Bankruptcy — Receiving orders
CanLII | Apr 9, 2024
- keywords: Corporations — Shareholders — Remedies — Dissenting shareholders — Costs — Rule 49.13
CanLII | Apr 9, 2024
- keywords: Bankruptcy and insolvency — Anti-Sale Business Corporations Act — R.S.C. 1985, c. C-36 — Companies’ Creditors Arrangement Act — Sattva Capital Corp. v. Creston Moly CORP., 2014 Scc 53
CanLII | Apr 8, 2024
- keywords: Debtor and creditor — Receivers — Powers of receiver
CanLII | Apr 8, 2024
- keywords: Rectification — Contract law — Pension benefits — Interpretation — Pension Benefits Act
CanLII | Apr 8, 2024
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | Apr 5, 2024
- keywords: Commercial law — Conflict of laws — Foreign judgments
CanLII | Apr 5, 2024
- keywords: Debtor and creditor — Receivers — Appointments
CanLII | Apr 5, 2024
- keywords: Bankruptcy — Creditors — Arrangements and compromises
CanLII | Apr 5, 2024
- keywords: Practice — Stay of proceedings
CanLII | Apr 3, 2024
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | Mar 28, 2024
- keywords: Bankruptcy and insolvency — Companies’ Creditors Arrangement Act
CanLII | Mar 27, 2024
- keywords: Commercial law — Contract law — Interpretation
CanLII | Mar 27, 2024
- keywords: Civil procedure — Documents — Production — Production from non-parties — Notice — Rule 30.10(1)
CanLII | Mar 27, 2024
- keywords: Debtor and creditor — Receivers
CanLII | Mar 21, 2024
- keywords: Commercial law — Practice — Discovery of documents — Solicitor and client privilege
CanLII | Mar 21, 2024
- keywords: Practice — Judgments and orders — Summary judgment — Rules of Civil Procedure, R.R.O. 1990, Reg. 194, Rule 20.
CanLII | Mar 21, 2024
- keywords: Jurisdiction — Real property — Mortgages — Mortgagees’ lien — Receivership — Courts of Justice Act — R.S.O. 1990, c. C.43, s. 101 — Bankruptcy and Insolvency Act — R.S.C., 1985, c. B-3, s. 187(5), appeal dismissed
CanLII | Mar 21, 2024
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | Mar 21, 2024
- keywords: Bankruptcy and insolvency — Construction law
CanLII | Mar 21, 2024
- keywords: Practice — Stay of proceedings — Consent orders
CanLII | Mar 21, 2024
- keywords: Civil procedure — Contempt — Order made in aid of execution — Motion to set aside
CanLII | Mar 21, 2024
- keywords: Commercial law — Receivers — Appointments — Powers
CanLII | Mar 21, 2024
- keywords: Commercial law — Receivers — Appointments — Bankruptcy — Actions
CanLII | Mar 21, 2024
- keywords: Corporations — Arrangements — Business Corporations Act, s. 182.
CanLII | Mar 21, 2024
- keywords: Winding-up orders — Liquidator and Receiver — Priority of claims — Costs
CanLII | Mar 21, 2024
- keywords: Contract law — Interpretation — Real property — Agreements of purchase and sale of land — Assignment
CanLII | Mar 20, 2024
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | Mar 20, 2024
- keywords: Mareva injunction — Access to property — Variation of Mareva Order
CanLII | Mar 20, 2024
- keywords: Real property — Commercial law — Contract law — Interpretation — Breach
CanLII | Mar 12, 2024
- keywords: Contract law — Forum conveniens — Settlements — Enforcement — Rule 31.10
CanLII | Mar 7, 2024
- keywords: Civil — Contempt of Court — Conduct constituting contempt
CanLII | Mar 6, 2024
- keywords: Bankruptcy — Creditors — Secured creditors
CanLII | Mar 4, 2024
- keywords: Commercial law — Conflict of laws — Forum conveniens
CanLII | Mar 4, 2024
- keywords: Stay of proceedings — Non-applicant debtor
CanLII | Feb 29, 2024
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | Feb 28, 2024
- keywords: Oppression — Business Corporations Act — R.S.O. 1990, c. B.16, s. 248
CanLII | Feb 28, 2024
- keywords: Corporations — Winding-up — Vesting orders — Business Corporations Act, R.S.O. 1990, c. B.16, ss. 207, 248.
CanLII | Feb 21, 2024
- keywords: Mortgages — receivership — Appointment of receiver — Order fixing costs
CanLII | Feb 21, 2024
- keywords: Practice — Costs — Partial indemnity costs
CanLII | Feb 16, 2024
- keywords: Civil procedure — Costs — Calculations — Costs in the cause — Offers to settle — Rules of Civil Procedure, Rules 16.04, 49.02(1), 57.01(1)
CanLII | Feb 15, 2024
- keywords: Company law — Corporations — 550 — Anti-Dilution Agreement — Costs — Ontario Business Corporations Act
CanLII | Feb 15, 2024
- keywords: Commercial law — Receivers — Receivership proceedings
CanLII | Feb 14, 2024
- keywords: Commercial law — Arbitration — Awards — Judicial review
CanLII | Feb 13, 2024
- keywords: Practice and procedure — Costs — Substantial indemnity costs
CanLII | Feb 7, 2024
- keywords: Contract law — Interpretation — Costs — full indemnity costs
CanLII | Feb 7, 2024
- keywords: Contract law — Rectification
CanLII | Feb 2, 2024
- keywords: Discovery — Examination for discovery — Limitation periods — Solicitor and client privilege — Waiver — Trustee Act
CanLII | Jan 25, 2024
- keywords: Civil procedure — Motion to set aside default judgment — Rules of Civil Procedure — Rules 16.03(1), 16.02(5), and 19.01
CanLII | Jan 24, 2024
- keywords: Real property — Commercial law — Mortgages — Contract law — Priorities
CanLII | Jan 24, 2024
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | Jan 23, 2024
- keywords: Bankruptcy and insolvency — Practice and procedure — Costs — Entitlement to costs — Bankruptcy and Insolvency Act, s. 244
CanLII | Jan 23, 2024
- keywords: Corporations — Arrangements and compromises — Mareva injunction
CanLII | Jan 23, 2024
- keywords: Bankruptcy and insolvency — Companies’ Creditors Arrangement Act
CanLII | Jan 22, 2024
- keywords: Civil procedure — Costs — Motions
CanLII | Jan 22, 2024
- keywords: Civil procedure — Contempt — Sentencing
CanLII | Jan 17, 2024
- keywords: Practice — Contempt — Sentencing
CanLII | Jan 16, 2024
- keywords: Debtor and creditor — Receivership — Sale of assets
CanLII | Jan 12, 2024
- keywords: Civil procedure — Motions — Evidence at motion — Adjournments
CanLII | Jan 12, 2024
- keywords: Practice — Pre-trial procedures — Severance of issues
CanLII | Jan 11, 2024
- keywords: Solicitor and client — Client relationship — Motion to disqualify — Discovery — Confidentiality
CanLII | Jan 9, 2024
- keywords: Employment law — Constructive dismissal
CanLII | Jan 5, 2024
- keywords: Real property — Commercial tenancies — Leases — Contract law — Breach
CanLII | Jan 5, 2024
- keywords: Securities fraud — R. 126.1(1)(b), Securities Act — R.S.O. 1990, c. S.5, s. 129
CanLII | Jan 3, 2024
- keywords: Bankruptcy and insolvency — Notices of sale — Enforcement — Notices of Sale — Bankruptcy and Insolvency Act, s. 244 — Mortgages Act — R.S.O. 1990, c. M.40 — Mortgages Act, s. 31(1), Notices of Sale under Mortgages Act
CanLII | Jan 3, 2024
- keywords: Corporations — Winding-up — Business Corporations Act — R.S.O. 1990, c. B.16, s. 207(1)(b)(iii), (iv)
CanLII | Dec 22, 2023
- keywords: Corporate law — Contract law — Interpretation — Real property — Condominiums — Business Corporations Act — Section 185(1), Business Corporations Act
CanLII | Dec 22, 2023
- keywords: Contract law — Real property — Commercial easements — reciprocal easement agreements — Companies’ Creditors Arrangement Act — R.S.C. 1985, c. C-36 — Planning Act — R.S.O. 1990, c. P.13, s. 71.
CanLII | Dec 21, 2023
- keywords: Practice and procedure — Documents — Production — Solicitor client privilege — Documents held by non-parties — Rule 48.04
CanLII | Dec 20, 2023
- keywords: Real property — Commercial law — Practice — Class actions — Corporations
CanLII | Dec 7, 2023
- keywords: Practice and procedure — Documents — Production
CanLII | Nov 30, 2023
- keywords: Practice — Costs — Motion for partial indemnity costs
CanLII | Nov 30, 2023
- keywords: Civil procedure — Motion for directions — Receivership — Application to piercing corporate veil
CanLII | Nov 29, 2023
- keywords: Civil procedure — Documents — Disclosure — Production of documents — Relevance — Privilege
CanLII | Nov 24, 2023
- keywords: Commercial law — Receivers — Claims
CanLII | Nov 23, 2023
- keywords: Commercial law — Receivers — Receivership proceedings
CanLII | Nov 22, 2023
- keywords: Civil procedure — Costs — Particular items — Disbursements — Experts’ fees
CanLII | Nov 16, 2023
- keywords: Real property — Leases — Interpretation — Construction law — Remedies
CanLII | Nov 13, 2023
- keywords: Trusts and trustees — Rectification — Contract law — Costs
CanLII | Nov 8, 2023
- keywords: Practice and procedure — Notice of action — Services — Extension of time for service
CanLII | Nov 8, 2023
- keywords: Commercial law — Practice — Orders — Contempt of Court
CanLII | Nov 8, 2023
- keywords: Contract law — Real property — Joint venture agreements — Arbitration clause — Jurisdiction
CanLII | Nov 7, 2023
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | Nov 7, 2023
- keywords: Corporations — Arrangements — Business Corporations Act, s. 182
CanLII | Nov 6, 2023
- keywords: Bankruptcy — Receivers — Appointments
CanLII | Nov 3, 2023
- keywords: Corporations — Winding-up — Business Corporations Act — R.S.O. 1990, c. B.16, s. 207
CanLII | Nov 1, 2023
- keywords: Injunctions — Interlocutory injunctions — Preservation of property
CanLII | Nov 1, 2023
- keywords: Commercial law — Corporations — Winding-up
CanLII | Nov 1, 2023
- keywords: Receivership — Purpose and scope of 243(1) of Bankruptcy and Insolvency Act — R.S.C. 1985, c. B-3, s. 101
CanLII | Oct 27, 2023
- keywords: Securities law — Receivership — Solicitor-client privilege — Personal property — Securities Act — R.S.O. 1990, c. S.5
CanLII | Oct 24, 2023
- keywords: Injunctions — Interlocutory injunctions — Security for costs
CanLII | Oct 24, 2023
- keywords: Commercial law — Corporations — Arrangements and compromises — Recognition orders
CanLII | Oct 23, 2023
- keywords: Corporations — Shares — Valuation of shares
CanLII | Oct 20, 2023
- keywords: Bankruptcy and insolvency — Receivership — Courts of Justice Act, R.S.O. 1990, c. C.43, s. 101 — Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, s. 244
CanLII | Oct 20, 2023
- keywords: Defamation — Non-published periodic — Motion for default judgment — Adjournments — Rules of Civil Procedure — Rule 19
CanLII | Oct 13, 2023
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | Oct 12, 2023
- keywords: Bankruptcy and insolvency — Companies’ Creditors Arrangement Act, s. 49
CanLII | Oct 12, 2023
- keywords: Corporations — Winding-up — Companies’ Creditors Arrangement Act
CanLII | Oct 12, 2023
- keywords: Practice — Stay of proceedings — Certification
CanLII | Oct 12, 2023
- keywords: Practice and procedure — Stay of proceedings — Certification
CanLII | Oct 12, 2023
- keywords: Ccaa proceedings — Purpose and principles of CCAA
CanLII | Oct 12, 2023
- keywords: Corporations — Oppression — Business Corporations Act — R.S.O. 1990, c. B.16, ss. 1(1), Business Corporations Act — R.S.O. 1990, c. B.16, s. 32(2), 213, 214, 218.
CanLII | Oct 10, 2023
- keywords: Injunction — Interlocutory injunction — Requirements
CanLII | Oct 10, 2023
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | Oct 6, 2023
- keywords: Oppression — Civil procedure — Vexatious litigants — “plain and obvious” test — Courts of Justice Act — R.S.O. 1990, c. C.43, s. 140
CanLII | Oct 6, 2023
- keywords: Insurance — Commercial law — Practice — Settlement of action — Enforceability
CanLII | Sep 27, 2023
- keywords: Practice and procedure — Anti-Slapp motions — Timeliness — Public interest — Courts of Justice Act
CanLII | Sep 27, 2023
- keywords: Practice and procedure — Interpleader — Payment into Court — Criminal Code, ss. 354, 462.31
CanLII | Sep 27, 2023
- keywords: Partnership agreements — Limited Partnerships
CanLII | Sep 26, 2023
- keywords: Civil procedure — Summary judgments — Partial summary judgment — Limitation periods — Real Property Limitations Act — R.S.O. 1990, c. L.15, s. 4, Trusts
CanLII | Sep 26, 2023
- keywords: Practice — Amendments — Statement of claim — Striking out — No reasonable cause of action — Limitations Act, 2002 — S.O. 2002, c. 24 — B, ss. 4 and 5, Rules of Civil Procedure, Rule 21.01(1)(a)
CanLII | Sep 25, 2023
- keywords: Commercial law — Injunctions — Interim injunctions — Contract law — Interpretation
CanLII | Sep 22, 2023
- keywords: Contract law — Formation — Oral agreements — Standard of review
CanLII | Sep 14, 2023
- keywords: Conflict of laws — Civil procedure — Enforcement of foreign judgments — Courts of Justice Act, ss. 106, 138 — Limited Partnerships Act — R.S.O. 1990, c. L.5, s. 34(2)
CanLII | Sep 7, 2023
- keywords: Insolvency — Companies’ Creditors Arrangement Act — R.S.C. 1985, c. C-36 — Securities Act — R.S.O. 1990, c. S.5
CanLII | Sep 7, 2023
- keywords: Receivership — Appointment of receiver — Bankruptcy and Insolvency Act, s. 243
CanLII | Sep 7, 2023
- keywords: Contract law — Formation of contract — Essential terms — Certainty
CanLII | Sep 5, 2023
- keywords: Civil procedure — Dismissal for delay
CanLII | Sep 5, 2023
- keywords: Practice — Letters rogatory
CanLII | Sep 1, 2023
- keywords: Real property — Commercial law — Receivers — Appointments
CanLII | Aug 31, 2023
- keywords: Contract law — Formation of contract — Essential terms
CanLII | Aug 30, 2023
- keywords: Bankruptcy and insolvency — Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36
CanLII | Aug 24, 2023
- keywords: Bankruptcy and insolvency — Receivership — Oppression — Costs — Non-party
CanLII | Aug 24, 2023
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | Aug 24, 2023
- keywords: Banks and banking — Application for approval of sale — S funding order
CanLII | Aug 23, 2023
- keywords: Insurance — Commercial property insurance — Interpretation of policy
CanLII | Aug 21, 2023
- keywords: Corporations — Arrangements — Business Corporations Act — R.S.O. 1990, c. B.16, s. 182
CanLII | Aug 18, 2023
- keywords: Injunctions — Mareva injunction — Requirements — Irreparable harm — and irreparable harm
CanLII | Aug 18, 2023
- keywords: Civil procedure — Motions — Evidence — Letters rogatory — Rules of Civil Procedure, Rule 34.07
CanLII | Aug 3, 2023
- keywords: Companies — Winding-up — Construction of statutes — WEPP Act, s. 3.2
CanLII | Aug 3, 2023
- keywords: Breach of contract — Commercial leases — Summary judgment
CanLII | Aug 2, 2023
- keywords: Conflict of laws — Foreign arbitral awards — Recognition and enforcement
CanLII | Aug 2, 2023
- keywords: Commercial law — Practice — Orders
CanLII | Jul 28, 2023
- keywords: Bankruptcy and insolvency — Court-appointed Liquidator
CanLII | Jul 28, 2023
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | Jul 26, 2023
- keywords: Debtor and creditor — Companies' Creditors Arrangement Act — R.S.C. 1985 c. C-36
CanLII | Jul 26, 2023
- keywords: Bankruptcy and insolvency — Receivers — Jurisdiction
CanLII | Jul 26, 2023
- keywords: Contract law — Interpretation
CanLII | Jul 21, 2023
- keywords: Companies’ Creditors Arrangement Act — R.S.C. 1985, c. C-36, ss. 49, 51, 52(1),
CanLII | Jul 21, 2023
- keywords: Corporations — Oppression — Solicitor and client privilege — Reasonable expectations — Remedies
CanLII | Jul 19, 2023
- keywords: Practice and procedure — Pre-trial motions — Companies’ Creditors Arrangement Act
CanLII | Jul 14, 2023
- keywords: Commercial law — Contract law — Interpretation
CanLII | Jul 12, 2023
- keywords: Representation — Contract law — Rectification
CanLII | Jul 12, 2023
- keywords: Bankruptcy and insolvency — Stay of proceedings
CanLII | Jul 12, 2023
- keywords: Debtor and creditor — Receivers — Appointments — Bankruptcy and Insolvency Act
CanLII | Jul 11, 2023
- keywords: Commercial law — Corporations — Arrangements and compromises — Approval
CanLII | Jul 10, 2023
- keywords: Corporations — Oppression — Scope of s. 182 of Business Corporations Act — R.S.O. 1990, c. B.16, s. 182.
CanLII | Jul 10, 2023
- keywords: Commercial law — Courts — Court proceedings — Corporations — Arrangements and compromises
CanLII | Jul 10, 2023
- keywords: Practice and procedure — Stay of proceedings — Extension of time
CanLII | Jun 28, 2023
- keywords: Civil procedure — Offers to settle — Acceptance — Enforcement
CanLII | Jun 27, 2023
- keywords: Commercial law — Conflict of laws — Foreign judgments
CanLII | Jun 27, 2023
- keywords: Fraud — Torts — Conspiracy — Conversion — Unjust enrichment
CanLII | Jun 23, 2023
- keywords: Civil procedure — Motions to strike — No reasonable cause of action — Rule 21 — Rules of Civil Procedure — Rule 21.01(1)(b), Rule 25.11(c)
CanLII | Jun 22, 2023
- keywords: Contract law — Breach of contract — Collective agreements — Civil procedure — Arbitration
CanLII | Jun 22, 2023
- keywords: Practice and procedure — Motions to strike — No reasonable cause of action — “plain and obvious” test — Deficiencies — Rules 30.08(2), 34, Rules of Civil Procedure — Rule 37.13
CanLII | Jun 21, 2023
- keywords: Commercial law — Corporations — Arrangements and compromises — Approval
CanLII | Jun 21, 2023
- keywords: Commercial law — Personal property security — Security interests — Contract law — Interpretation
CanLII | Jun 20, 2023
- keywords: Commercial law — Practice — Trials — Consolidation
CanLII | Jun 14, 2023
- keywords: Commercial law — Corporations — Arrangements and compromises — Practice — Trials
CanLII | Jun 13, 2023
- keywords: Bankruptcy — Receivership — Disbursements — Courts of Justice Act — R.S.O. 1990, c. C.43, s. 101 — Bankruptcy and Insolvency Act — R.S.C. 1985, c. B-3, s. 243(1)
CanLII | Jun 12, 2023
- keywords: Conflict of laws — Jurisdiction — Real and substantial connection — Forum non conveniens — Burden of proof — Rules of Civil Procedure, r. 17.02, 17.03(1),(2)
CanLII | Jun 9, 2023
- keywords: Consolidation — Bankruptcy and insolvency — Application of s. 129 of Securities Act (Ontario)
CanLII | Jun 7, 2023
- keywords: Contract law — Interpretation — Real property — Mortgages
CanLII | Jun 7, 2023
- keywords: Bankruptcy — Proposals — Secured creditors — Receiver’s approval — Courts of Justice Act — R.S.O. 1990, c. C.43, s. 101 — Bankruptcy and Insolvency Act — R.S.C. 1985, c. B-3, s. 243 — Sattva Capital Corp. v. Creston Moly CORP., 2014 Scc 53
CanLII | Jun 7, 2023
- keywords: Bankruptcy and insolvency — Receivers — Appointments — Interest — R.S.C. 1985, c. I-15, s.eit
CanLII | Jun 7, 2023
- keywords: Debtor and creditor — Arrangements — Stay of proceedings
CanLII | Jun 5, 2023
- keywords: Commercial law — Corporations — Fraud or oppression — Contract law — Interpretation
CanLII | Jun 2, 2023
- keywords: Bankruptcy and insolvency — Receivers — Appointments — General Security Agreement — R.S.C. 1985, c. G-5, s. 243.
CanLII | May 31, 2023
- keywords: Securities law — Ontario Securities Commission — Priorities — S. 129 of Ontario Securities Act — R.S.O. 1990, c. S.5
CanLII | May 31, 2023
- keywords: Contract law — Interpretation — Arbitration — S. 1 of Arbitration Act — S. 2, Arbitration Act
CanLII | May 30, 2023
- keywords: Civil procedure — Evidence — Examination of witnesses — Rules of Civil Procedure — Rule 39.03
CanLII | May 26, 2023
- keywords: Contract law — Contracts of purchase and sale of goods — Statutory contracts — Remedies — Business Corporations Act — R.S.O. 1990, c. B.16, s. 207
CanLII | May 23, 2023
- keywords: Personal property security — Priorities — Promissory notes — Personal Property Security Act
CanLII | May 18, 2023
- keywords: Debtor and creditor — Assignments — Companies’ Creditors Arrangement Act
CanLII | May 17, 2023
- keywords: Corporations — Winding-up — Business Corporations Act
CanLII | May 17, 2023
- keywords: Bankruptcy and insolvency — Stay
CanLII | May 17, 2023
- keywords: Commercial law — Practice — Class actions
CanLII | May 17, 2023
- keywords: Bankruptcy and insolvency — Companies' Creditors Arrangement Act
CanLII | May 17, 2023
- keywords: Bankruptcy — Claims process
CanLII | May 17, 2023
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | May 17, 2023
- keywords: Bankruptcy — Stay of proceedings — Combines Investigation Act
CanLII | May 17, 2023
- keywords: Injunctions — Mareva injunction — Variation — Jurisdiction
CanLII | May 16, 2023
- keywords: Contract law — Fraudulent conveyances — Restructuring — Bankruptcy and insolvency — Property of the bankrupt — Choses in action — Bankruptcy and Insolvency Act — R.S.C., 1985, c. B-3, s. 95(1)(b), Fraudulent Conveyances Act — R.S.O. 1990, c. F.29 — Assignments and Preferences Act — R.S.O. 1990, c. P.10 — Personal Property Security Act
CanLII | May 15, 2023
- keywords: Costs — Liability — Testator’s fees and disbursements
CanLII | May 11, 2023
- keywords: Practice — Costs — Motions — Rules of Civil Procedure — Rule 57.03
CanLII | May 4, 2023
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | May 3, 2023
- keywords: Civil procedure — Documents — Production — Relevance — Discovery — Documents subject to production — Rule 30.02, Rules of Civil Procedure
CanLII | May 2, 2023
- keywords: Professions — Lawyers — Conflict of interest
CanLII | May 1, 2023
- keywords: Corporations — Oppression — Contract law — Interpretation — Courts of Justice Act — R.S.O. 1990, c. C.43, s. 101 — Business Corporations Act — R.S.O. 1990, c. B.16, s. 248
CanLII | May 1, 2023
- keywords: Corporations — Arrangements — Business Corporations Act, s. 182
CanLII | Apr 28, 2023
- keywords: Contract law — Real property — Commercial arbitration — Awards — Frustration
CanLII | Apr 26, 2023
- keywords: Commercial law — Corporations — Arrangements and compromises — Securities — Contract law
CanLII | Apr 26, 2023
- keywords: Corporations — Arrangements — Interim orders — Business Corporations Act — R.S.O. 1990, c. B.16, s. 182
CanLII | Apr 26, 2023
- keywords: Real property — Mortgages — Contract law
CanLII | Apr 25, 2023
- keywords: Injunctions — Interlocutory injunctions — Mareva injunction
CanLII | Apr 25, 2023
- keywords: Leave to appeal — Contract interpretation — Standard form contracts — Insurance law — Arbitration
CanLII | Apr 12, 2023
- keywords: Commercial law — Practice — Stay of proceedings
CanLII | Apr 11, 2023
- keywords: Commercial law — Practice — Discovery of documents — Affidavit of documents
CanLII | Apr 3, 2023
- keywords: Costs — Substantial indemnity costs
CanLII | Mar 31, 2023
- keywords: Pleadings — Amendments — Statement of claim — Striking out | Oppression
CanLII | Mar 30, 2023
- keywords: Conflict of laws — Foreign judgments — Enforcement — International Commercial Arbitrations Act, 2017 — S.O. 2017, c. 2, Sch. 5.
CanLII | Mar 29, 2023
- keywords: Injunctions — Mareva injunction — Jurisdiction — Real and substantial connection
CanLII | Mar 28, 2023
- keywords: Commercial law — Banking — Winding-up orders
CanLII | Mar 27, 2023
- keywords: Commercial law — Corporations — Arrangements and compromises
CanLII | Mar 27, 2023
- keywords: Arbitration — Judicial review — Reasonable apprehension of bias — Setting aside awards
CanLII | Mar 22, 2023
- keywords: Stay of proceedings — Companies’ Creditors Arrangement Act
CanLII | Mar 21, 2023
- keywords: Commercial law — Restitution — Unjust enrichment — Fiduciaries — Fiduciary relationships
CanLII | Mar 16, 2023
- keywords: Civil procedure — Abuse of process — Motions
CanLII | Mar 15, 2023
- keywords: Commercialle — Contracts — Privity — Corporations — Arrangements — Business Corporations Act — R.S.O. 1990, c. B. 16, s. 182
CanLII | Mar 14, 2023
- keywords: Rules of Civil Procedure — Default judgments — Setting aside — Contempt
CanLII | Mar 8, 2023
- keywords: Debtor and creditor — Arrangements — Sale of assets
CanLII | Mar 8, 2023
- keywords:
CanLII | Feb 10, 2023
- keywords: Commercial law — Corporations — Arrangements and compromises — Jurisdiction
CanLII | Feb 10, 2023
- keywords:
CanLII | Feb 8, 2023
- keywords:
CanLII | Feb 7, 2023
- keywords: costs — hours — motion — amount — claimed
CanLII | Feb 3, 2023
- keywords: lease applications — emails — rent abatement — motion — easement
CanLII | Feb 1, 2023
- keywords: agreement — binding — implementation — assets — financial statements
CanLII | Jan 31, 2023
- keywords: property — grant a vesting — transfer — subdivision control provisions — encroachments
CanLII | Jan 30, 2023
- keywords: valuation date — buy-out — market — percent interest — fair
CanLII | Jan 27, 2023
- keywords: stranger to the debtor-creditor relationship — submits — secured creditor — receiver — contingent equity
CanLII | Jan 24, 2023
- keywords: unprofitable — damages — commercial value — lost profits — disclaimer
CanLII | Jan 24, 2023
- keywords: receiver — factual matrix — contract — security — appointment
CanLII | Jan 24, 2023
- keywords: documents — affidavit — deponent — unsworn — privilege
CanLII | Jan 24, 2023
- keywords: normal rent — duty-free store — restrictions — pay — cross-motion
CanLII | Jan 24, 2023
- keywords: security for costs — preservation — assets — motion — creditor
CanLII | Jan 19, 2023
- keywords: email addresses — service — pirated — programming — via
CanLII | Jan 16, 2023
- keywords: accounts — transfers — relief — sought — assets
CanLII | Jan 16, 2023
- keywords: shareholders — second oppression application — company — distributions — expectations
CanLII | Jan 10, 2023
- keywords: trucks — perfected security interest — lease — unperfected security interest — lessor
CanLII | Jan 5, 2023
- keywords: three-year period — specific performance — submits — reconveyed — severance
CanLII | Jan 4, 2023
- keywords: business — fiduciary — acted oppressively toward — email — shareholders
CanLII | Jan 3, 2023
- keywords: volume-based model — injunction — agreement — contract — irreparable harm
CanLII | Jan 3, 2023
- keywords: application — anti-suit injunction — motions — coverage — intervene
CanLII | Jan 3, 2023
- keywords: units — facilitate the calculation — approval — fair market value — transfer
CanLII | Dec 22, 2022
- keywords: mortgages — documents — proprietary — produced — trust
CanLII | Dec 8, 2022
- keywords: referenced — disbursements — cash-flow — forecast — fees
CanLII | Dec 8, 2022
- keywords: stakeholders — disbursements — unsecured creditors — fees — approval
CanLII | Dec 8, 2022
- keywords: motion — laptop — costs — files — non-privileged documents
CanLII | Dec 6, 2022
- keywords: motion — partial indemnity scale — costs — undertaking — offered
CanLII | Dec 5, 2022
- keywords: motion — costs outline — partial indemnity scale — duplicative — endorsement
CanLII | Dec 5, 2022
- keywords: restructuring — charge — business — directors — initial
CanLII | Dec 5, 2022
- keywords: stakeholders — minimis — recognition — attached — copy
CanLII | Dec 1, 2022
- keywords: contempt motion — costs — sentencing — indemnity basis — appointed
CanLII | Dec 1, 2022
- keywords: acknowledgement — plc — participation — today — admission
CanLII | Dec 1, 2022
- keywords: million — creditors — accounts — wind-up — fees
CanLII | Dec 1, 2022
- keywords: motion — public interest — arises from an expression — threshold — proceeding
CanLII | Nov 30, 2022
- keywords: two-year limitation period — acknowledgment — cross-motion — receivership — statute barred
CanLII | Nov 29, 2022
- keywords: holders — mortgage — email — assignment — private investors
CanLII | Nov 28, 2022
- keywords: affidavit — statements — deponent — source — motion
CanLII | Nov 25, 2022
- keywords: reverse vesting — licenses — authorizations — unsecured creditors — stakeholders
CanLII | Nov 23, 2022
- keywords: stalking horse bidder — stay — stakeholders — process — restructuring
CanLII | Nov 23, 2022
- keywords: arbitration agreement — dispute — stay — oppression — arbitration clause
CanLII | Nov 15, 2022
- keywords: enforceability — motion — standstill provision contained — purported — oppression remedy
CanLII | Nov 10, 2022
- keywords: daily slots — slot allocation — pandemic — historic — relinquishment
CanLII | Nov 10, 2022
- keywords: purchase — pending litigation — evidence — email — contract
CanLII | Nov 9, 2022
- keywords: approve — liquidity — therein — satisfied that it is appropriate — forecast
CanLII | Nov 9, 2022
- keywords: liquidity — timetable — opposed — scheduled — extension
CanLII | Nov 9, 2022
- keywords: shareholders — votes cast — option holders — court-ordered requirements have been met — arrangement
CanLII | Nov 9, 2022
- keywords: forbearance fee — indebtedness owed — motion — priority — owing
CanLII | Nov 7, 2022
- keywords: fees — disbursements — single proceeding model — substituting lawyer — properly payable by the successor
CanLII | Nov 7, 2022
- keywords: shareholders — overwhelmingly — court-ordered requirements have been met — arrangement — today
CanLII | Nov 4, 2022
- keywords: rectification — shares — agreement — share exchange — tax
CanLII | Nov 4, 2022
- keywords: receiver — extension — appointment — proposal — creditor
CanLII | Nov 4, 2022
- keywords: reference — spreadsheet — costs — accounting — submit
CanLII | Nov 3, 2022
- keywords: arbitrator — reasonable apprehension — challenge — bias on the part — motion
CanLII | Nov 3, 2022
- keywords: disallowance — resolution — delivered — request — contends
CanLII | Nov 3, 2022
- keywords: valuation — notional — value — pre-interest cash flows — adjustment
CanLII | Nov 2, 2022
- keywords: security — digestors — receivership — equipment — mixer
CanLII | Nov 2, 2022
- keywords: court-appointed receiver — appointment — equipment — creditor — security
CanLII | Nov 2, 2022
- keywords: motion for an interlocutory injunction — limited partnerships — project companies — undertaking — restraining
CanLII | Nov 1, 2022
- keywords: summary judgment motions — all-inclusive partial indemnity costs — tradenames — roughly — actions
CanLII | Oct 27, 2022
- keywords: evidence — entities — data — pricing — record
CanLII | Oct 27, 2022
- keywords: plc — affiliates — recognition — granted — including
CanLII | Oct 19, 2022
- keywords: stakeholders — disbursements — fees — liaising — accounts
CanLII | Oct 19, 2022
- keywords: sentence — fine — purge his contempt — imprisonment — contemnor
CanLII | Oct 19, 2022
- keywords: sealing — settlements — confidential — approval — commercially sensitive
CanLII | Oct 19, 2022
- keywords: gas station — shareholders — assets — butterfly transaction — oppressive
CanLII | Oct 18, 2022
- keywords: golf course — restrictive covenant — development — storm water management facilities — tenement
CanLII | Oct 11, 2022
- keywords: costs — severally — jointly — awarded — apportioned
CanLII | Oct 11, 2022
- keywords: penalty — comply — fine — purge his contempt — sentence
CanLII | Sep 22, 2022
- keywords: downward — officious bystander test — reduction — adjusted — submits
CanLII | Sep 22, 2022
- keywords: vacant possession — vesting — purchaser — commitment — tenancy
CanLII | Sep 22, 2022
- keywords: costs — partial indemnity scale — temporarily — successful — submits
CanLII | Sep 19, 2022
- keywords: creditors — debtor — pre-pre set-off — funds — restructuring
CanLII | Sep 13, 2022
- keywords: Pleadings — Amendments — Grounds for amendment
CanLII | Sep 9, 2022
- keywords: quantifies its partial indemnity costs — disbursements — respect — temporary stay — basis
CanLII | Sep 8, 2022
- keywords: shares — garnishment — mine — intercompany payment — approved
CanLII | Sep 1, 2022
- keywords: limitation period — genuine issue requiring — enhanced fact-finding powers — plausible inference — discoverability
CanLII | Aug 31, 2022
- keywords: all-inclusive partial indemnity costs — access — intervenor — lease — pay
CanLII | Aug 31, 2022
- keywords: fee — development — hotel — non-arm s-length — shareholder loan
CanLII | Aug 24, 2022
- keywords: rent abatement — amounts — payable — lease — owing
CanLII | Aug 19, 2022
- keywords: motion — relief — requested — evidentiary — appointed
CanLII | Aug 17, 2022
- keywords: priority — incur no further expenses — bid — requested — factum
CanLII | Aug 17, 2022
- keywords: motion — activities — moves — approve — signed
CanLII | Aug 17, 2022
- keywords: cannabis — operations — proposed — stakeholders — business
CanLII | Aug 17, 2022
- keywords: substantive consolidation — distribution — stakeholders — million — interim
CanLII | Aug 17, 2022
- keywords: foreign non-main proceeding — foreign main proceeding — stakeholders — debtor — cryptocurrency
CanLII | Aug 15, 2022
- keywords: security for costs — franchise — militates — interactions — corporations
CanLII | Aug 8, 2022
- keywords: arrangement — votes cast — vote — fair — satisfied
CanLII | Jul 28, 2022
- keywords: proposed — arrangement — voting — shareholders — dissent
CanLII | Jul 28, 2022
- keywords: receiver — project — court-appointed officer should be appointed — signing officer — powers
CanLII | Jul 26, 2022
- keywords: proceeds — amount — mortgage — payout — trust
CanLII | Jul 26, 2022
- keywords: shares — dividends — daughters — stipend — income
CanLII | Jul 22, 2022
- keywords: collateral — pleads — forum non conveniens — affiliates — stay
CanLII | Jul 19, 2022
- keywords: contempt — follow-on orders — sanction — accounting — funds
CanLII | Jul 19, 2022
- keywords: headlines — insider trading — evidence — serious issue to be tried — accounts
CanLII | Jul 14, 2022
- keywords: criminal contempt — beyond a reasonable doubt — unequivocal — notary — shareholder
CanLII | Jul 6, 2022
- keywords: proposed differential consideration — preferrable — capacity as proposed class representatives — unsecured — issuer
CanLII | Jul 4, 2022
- keywords: unsecured creditors — votes — vote — capacity as proposed class — stakeholders
CanLII | Jun 29, 2022
- keywords: pleads — deferred bonus amounts — expressions — motion for summary — leave to amend
CanLII | Jun 27, 2022
- keywords: assets — mortgage — sole shareholder — extended definition — freezing
CanLII | Jun 27, 2022
- keywords: bare trustee — co-tenancy agreement — beneficial owners — agent — agency
CanLII | Jun 27, 2022
- keywords: unsecured — capacity as proposed class representatives — creditors — valuations — uncontested
CanLII | Jun 20, 2022
- keywords: exclusions — retrocession — reinsurance — amendments — quantum
CanLII | Jun 17, 2022
- keywords: loans — borrowers — investment accounts — pandemic — corporate
CanLII | Jun 16, 2022
- keywords: financial statements — motion for a protective — confidential — evidence — competitor
CanLII | Jun 10, 2022
- keywords: standard closing adjustments — prepayment — purchase price — liable to pay — condominium
CanLII | Jun 7, 2022
- keywords: issuance — receiver — survive the discharge — remain — provides
CanLII | Jun 7, 2022
- keywords: super-priority — incorporated under the laws — restructuring — debtor company — million
CanLII | Jun 7, 2022
- keywords: good faith — finder — fee — defend — hard cost budget
CanLII | Jun 7, 2022
- keywords: indemnity costs — submits — disbursements — intercorporate — discount
CanLII | Jun 3, 2022
- keywords: warranty obligations — activities — interim distribution — outstanding — secured
CanLII | Jun 2, 2022
- keywords: settlement — extension — approving — relief — reports
CanLII | Jun 2, 2022
- keywords: olopatadine product — proposed amendments — non-compensable prejudice — defence — conspiracy
CanLII | Jun 1, 2022
- keywords: motion for leave — class — disposing — portion — oppose
CanLII | May 30, 2022
- keywords: arrangement — dealt with by a compromise — sexual assault — liability — relates to a debt resulting
CanLII | May 30, 2022
- keywords: promissory notes — compound interest — halal — second promissory — interest rate
CanLII | May 27, 2022
- keywords: sister — brother — properties — equalization payment — butterfly
CanLII | May 26, 2022
- keywords: bankrupt companies — proposed amendments — oppression remedy — remaining — casting vote
CanLII | May 20, 2022
- keywords: indemnity — flow-through shares — taxes — pre-judgment interest — harmless
CanLII | May 19, 2022
- keywords: loan — mortgage — appoint a receiver — request for an adjournment — application
CanLII | May 12, 2022
- keywords: nunc pro tunc — stakeholders — pursue — debtor — foreign representative
CanLII | May 12, 2022
- keywords: independent accountant — draft closing working capital — dispute — calculations — narrative
CanLII | May 11, 2022
- keywords: purchase price — expert determination — back-up documentation — arbitration clause — indicia
CanLII | May 5, 2022
- keywords: lien claimants — holdback — priority — mortgage — deficiency
CanLII | May 5, 2022
- keywords: contempt — jail — sentence — bitcoin wallet — motorcycle
CanLII | May 5, 2022
- keywords: audited financial statements — security for costs — shareholders — oppression — misrepresentation
CanLII | May 4, 2022
- keywords: arbitration — single proceeding model — debtor — stranger to the bankruptcy — receivership proceedings
CanLII | May 4, 2022
- keywords: business enterprise — shareholders — oppression remedy application — corporate — funds
CanLII | May 4, 2022
- keywords: access — roof — exterior ladder — rent-free period — lease
CanLII | May 4, 2022
- keywords: creditors — grant — secured — approve — initial
CanLII | May 4, 2022
- keywords: share redemption — fraudulent conveyance — assets — pre-action discovery — entities
CanLII | May 4, 2022
- keywords: damages — data — bias — liability — reasonable apprehension
CanLII | Apr 28, 2022
- keywords: arbitration — lease — contractual interpretation — subject lands — unencumbered
CanLII | Apr 28, 2022
- keywords: contempt motion — evidence — stay motion — compelled — quid pro quo
CanLII | Apr 28, 2022
- keywords: maximum liability — premium — aggregate — insurer — categories
CanLII | Apr 27, 2022
- keywords: pre-judgment interest — application — taxes — title — awarded
CanLII | Apr 25, 2022
- keywords: data — agreement — knowing receipt — custodial entities — contract
CanLII | Apr 20, 2022
- keywords: geothermal — processing fee — reasonably attributable to the desirability — value — valuation
CanLII | Apr 20, 2022
- keywords: anti-deprivation rule — pari passu rule — lease — insolvency — value
CanLII | Apr 20, 2022
- keywords: general partners — motion — consolidation — limited partnerships — limited partnership agreements
CanLII | Apr 14, 2022
- keywords: bare trustee — beneficial owners — joint venture — nominee — undivided fifty percent
CanLII | Apr 14, 2022
- keywords: bid — motion — deadline — flow — diligence
CanLII | Apr 14, 2022
- keywords: taxes — tax — owing — issued — levies
CanLII | Apr 11, 2022
- keywords: feedback — stakeholders — process to solicit bids — vote — sealing
CanLII | Apr 4, 2022
- keywords: deadlock — dispute — arbitration — hotel — jurisdiction
CanLII | Apr 4, 2022
- keywords: interest — shotgun — purchase — property — bid
CanLII | Apr 4, 2022
- keywords: arbitration agreement — stay — inoperative — attorn to the non-exclusive jurisdiction — motion
CanLII | Mar 31, 2022
- keywords: vendors — purchaser — good faith — closing date — contractual
CanLII | Mar 28, 2022
- keywords: contempt — servers — copyrights — probation — trademarks
CanLII | Mar 28, 2022
- keywords: phantom billing — invoices — fiduciary duty — disgorgement — evidence
CanLII | Mar 28, 2022
- keywords: charitable — donations — donors — class — misappropriated
CanLII | Mar 23, 2022
- keywords: contributory negligence — fraud — proximity — tort — accounts
CanLII | Mar 18, 2022
- keywords: arbitrator — jurisdiction — arbitration — dispute — engineer
CanLII | Mar 17, 2022
- keywords: properties — constructive trust — creditors — conveyance — fees
CanLII | Mar 17, 2022
- keywords: summary judgment motions — discovery — summary judgment motion — actions — complicated
CanLII | Mar 16, 2022
- keywords: shares issued — ths — nullity — issuance — retain
CanLII | Mar 16, 2022
- keywords: aka — motion — assistant — touch — will
CanLII | Mar 8, 2022
- keywords: housing — meeting — members — interim — appointment
CanLII | Mar 8, 2022
- keywords: purchase price — project — deposit trust — payment — closing
CanLII | Mar 8, 2022
- keywords: evidence — affidavit — bakery — legal advice — landscaping
CanLII | Mar 4, 2022
- keywords: purchasers — project — life lease — deposits — development land
CanLII | Mar 3, 2022
- keywords: capacities — examination for discovery — video recordings — mental — litigation
CanLII | Mar 3, 2022
- keywords: fine — purge their contempt — contemnor — remorse — pay
CanLII | Mar 3, 2022
- keywords: motion — unmonitored — firm — meaningfully — hampered
CanLII | Mar 3, 2022
- keywords: negligent misrepresentation — motion — duty — partial summary — website
CanLII | Mar 3, 2022
- keywords: injunction — mining — confidential information — gold — mine
CanLII | Feb 24, 2022
- keywords: interconnection agreement — draft — rates — portability charges — amparo
CanLII | Feb 23, 2022
- keywords: reverse vesting — transaction — creditors — stakeholders — purchaser
CanLII | Feb 14, 2022
- keywords: arbitration — corporate authority — fees — funds — proceeds
CanLII | Feb 11, 2022
- keywords: brokerage fee — mortgage — independent legal advice — alteration — amount
CanLII | Feb 9, 2022
- keywords: properties — trust — motion — badges — endorsement
CanLII | Feb 9, 2022
- keywords: transfers — project — intercompany — dissipation — injunction
CanLII | Feb 2, 2022
- keywords: conspiracy — plead — leave to amend — particulars — duty
CanLII | Feb 2, 2022
- keywords: derivative — proceeds — shareholders — good faith — marinas
CanLII | Feb 2, 2022
- keywords: mould — damage — closing date — repudiation — remediation
CanLII | Jan 31, 2022
- keywords: parliamentary privilege — solicitor-client privilege — scope — information — legislative
CanLII | Jan 31, 2022
- keywords: emails — laptop — privileged — documents — hard drive
CanLII | Jan 31, 2022
- keywords: restructuring — long-term strategic plan — refinance — undertaken — liquidity
CanLII | Jan 31, 2022
- keywords: privileged information — subject to solicitor-client privilege — disclosures — grant recipient — compel
CanLII | Jan 27, 2022
- keywords: shares — valuation date — valuator — competence-competence principle — arbitration
CanLII | Jan 25, 2022
- keywords: aka — actions — conference — serially — together
CanLII | Jan 21, 2022
- keywords: pre-action discovery — tax — distribution — information — shares
CanLII | Jan 20, 2022
- keywords: motion — counterclaims — funds — relief — trust
CanLII | Jan 18, 2022
- keywords: nunc pro tunc — tolling — limitation period — stay — expiry
CanLII | Jan 18, 2022
- keywords: substantial indemnity costs — motion — amount — partial indemnity costs — discovery
CanLII | Jan 12, 2022
- keywords: amicus curiae — injunction motion — partial indemnity costs — summary judgment motion — disbursements
CanLII | Jan 5, 2022
- keywords: stikeman com — fticonsulting com — wishartlaw — appiancapitaladvisory — goodmans
CanLII | Jan 5, 2022
- keywords: foreign proceeding — recognizing — newspapers — debtor company — enjoining
CanLII | Dec 23, 2021
- keywords: interlocutory injunction — motion — oppression — customers — soliciting
CanLII | Dec 21, 2021
- keywords: pandemic — synergies — million — theatres — landlords
CanLII | Dec 16, 2021
- keywords: investigative powers — restructuring — entities — ratification — general partner
CanLII | Dec 14, 2021
- keywords: entities — project — partnerships — debtor — pre-filing amounts
CanLII | Dec 14, 2021
- keywords: gift — transfer — trust — estate freeze — undue influence
CanLII | Dec 7, 2021
- keywords: grounds to believe — injurious falsehood — defamation — whistleblower — unlawful means
CanLII | Dec 5, 2021
- keywords: liquidator — motion — fees — shareholder — day-to-day management
CanLII | Dec 1, 2021
- keywords: sealing — recordings — openness — public — sealed
CanLII | Nov 29, 2021
- keywords: costs — motion — substantial indemnity — emails — execution
CanLII | Nov 29, 2021
- keywords: ecobee shares — creditors — transaction — solvency — dissolution
CanLII | Nov 26, 2021
- keywords: reallocation — pricing — price allocation — modeling — good faith
CanLII | Nov 25, 2021
- keywords: motion to strike — pleading — motion for leave to amend — submit — original
CanLII | Nov 24, 2021
- keywords: contempt motion — principle against self-incrimination — evidence — compelled — assets
CanLII | Nov 23, 2021
- keywords: wire transfer — repay — conversion — outstanding indebtedness — million pre-money valuation
CanLII | Nov 23, 2021
- keywords: mortgage — prepayment — interest to maturity — peremptory — windfall
CanLII | Nov 11, 2021
- keywords: creditors — stakeholders — bankruptcy — process leading to the proposed — assets
CanLII | Nov 8, 2021
- keywords: reassessment — taxable income — indemnity — post-closing tax — accumulated tax losses
CanLII | Nov 2, 2021
- keywords: full indemnity — timekeepers — docketed — reasonable — contractual
CanLII | Oct 28, 2021
- keywords: mortgage — sealing — information — business — assets
CanLII | Oct 26, 2021
- keywords: fraudulent conveyance — motion — res judicata — costs — respect
CanLII | Oct 22, 2021
- keywords: investors — professional costs — pro rata allocation — fee — settlement
CanLII | Oct 21, 2021
- keywords: masks — non-settling — crossclaims — agreement — disclosure
CanLII | Oct 21, 2021
- keywords: comeback — requested relief — motion — proposed transaction — submits
CanLII | Oct 18, 2021
- keywords: shares — second lock-up agreement — facedrive — messages — preservation
CanLII | Oct 15, 2021
- keywords: amalgamation — fair value — shares — million — circulars
CanLII | Oct 13, 2021
- keywords: regulatory approval — definition — extension — debentures — interpretation
CanLII | Oct 13, 2021
- keywords: assets — million — funds — corporations — liabilities
CanLII | Oct 13, 2021
- keywords: oppression — buyout — financing — renovations — child-care centre
CanLII | Oct 8, 2021
- keywords: restructuring — debtor company — stakeholders — proceedings — pandemic
CanLII | Oct 5, 2021
- keywords: appointment — retail investors — interfund — candidate — process
CanLII | Oct 4, 2021
- keywords: lender — borrower — disclosure — proposed — process
CanLII | Oct 4, 2021
- keywords: leave to intervene — regulatory approval — intervene as an added — shareholders — application
CanLII | Sep 30, 2021
- keywords: purchaser — costs — licenses — unsuccessful — cannabis
CanLII | Sep 28, 2021
- keywords: bankruptcy — vesting — landowners — obligations — environmental
CanLII | Sep 8, 2021
- keywords: pleading — subject to settlement privilege — communications — one-third interest — motion
CanLII | Aug 31, 2021
- keywords: deadlines — procedures — agreeable — methodology — relief
CanLII | Aug 23, 2021
- keywords: share purchase transaction — license — best efforts — cannabis — expiry
CanLII | Aug 19, 2021
- keywords: injunction — motion — confidential information — prepaid credit card — genuine issue requiring
CanLII | Aug 19, 2021
- keywords: stakeholders — unsecured creditors — debtors — partner — process
CanLII | Aug 19, 2021
- keywords: joint venture — interest — penalty — calculations — costs
CanLII | Aug 11, 2021
- keywords: limited partners — debtors — equity — cash available to unsecured creditors — pool
CanLII | Aug 2, 2021
- keywords: rent — costs — successful — relief from forfeiture — lease
CanLII | Jul 30, 2021
- keywords: accounting — purged their contempt — penalty — orders — pandemic
CanLII | Jul 29, 2021
- keywords: mortgage priority agreement — email — mortgage security — financing — proprietary estoppel
CanLII | Jul 27, 2021
- keywords: conspiracy — genuine issue requiring — family law proceeding — fraudulent conveyance — shares
CanLII | Jul 22, 2021
- keywords: anti-suit injunction — temporary stay — receivables owed — motion — prejudice
CanLII | Jul 19, 2021
- keywords: damages — liability — evidence — will — adjourn
CanLII | Jul 9, 2021
- keywords: biogas — entirely solar photovoltaic — cash flow analysis — guarantee fee — financing
CanLII | Jul 9, 2021
- keywords: brothers — distributions — business — oppression — cash
CanLII | Jul 5, 2021
- keywords: limited partners — million — equity — intercompany — creditors
CanLII | Jul 5, 2021
- keywords: rent — pandemic — first-class shopping — abatement — relief from forfeiture
CanLII | Jul 2, 2021
- keywords: process — interest — bloc — severance — parcels
CanLII | Jun 30, 2021
- keywords: assets — gift — connecting factor — jurisdiction — misappropriated
CanLII | Jun 29, 2021
- keywords: arbitration — dissolution — productions — motion — partner
CanLII | Jun 29, 2021
- keywords: stakeholders — investors — portfolio — inter-fund accounts — strategy to maximize
CanLII | Jun 28, 2021
- keywords: legal fees — living expenses — funds — trust — tracing
CanLII | Jun 28, 2021
- keywords: non-settling — settlement — several liability — indemnity — assignment
CanLII | Jun 25, 2021
- keywords: purchaser — debtors — good faith — closing — agreement
CanLII | Jun 25, 2021
- keywords: settlement offer — favourable — overhead — online searches — negotiation
CanLII | Jun 25, 2021
- keywords: mortgage — shareholders agreement — million — promissory — settlement
CanLII | Jun 25, 2021
- keywords: business — strong prima facie — clients — goodwill — art
CanLII | Jun 25, 2021
- keywords: property — funds — triable — advances — subscription
CanLII | Jun 15, 2021
- keywords: bank — banks — correspondent banking — account — offshore
CanLII | Jun 10, 2021
- keywords: joint venture — development coordinator — interest — contributions — agreement
CanLII | Jun 8, 2021
- keywords: demutualization benefits — underwriting — renew — duty — non-renewal
CanLII | Jun 8, 2021
- keywords: listing proposals — redacted — process — approval — sealing
CanLII | Jun 8, 2021
- keywords: email — credit facilities — restructuring — independent legal advice — accounts receivable
CanLII | Jun 7, 2021
- keywords: shares — share purchase agreement — directors — oppression — publicly traded
CanLII | Jun 3, 2021
- keywords: inspectors — process — creditors — restructuring — proposal
CanLII | Jun 2, 2021
- keywords: motion — partial indemnity — notice — endorsement — represented
CanLII | Jun 1, 2021
- keywords: assets — cross-examination — motion — gifted — questions
CanLII | Jun 1, 2021
- keywords: cash flow projection — requested — approved — capacity — set
CanLII | May 28, 2021
- keywords: distributions — motion — creditors — directed to effect — trust property
CanLII | May 28, 2021
- keywords: proposals — pleading — subject to settlement privilege — proposed amendments — kept confidential
CanLII | May 28, 2021
- keywords: underwriters — prospectus — indemnity — market manipulation — defence costs
CanLII | May 27, 2021
- keywords: syndicated mortgage — property taxes — closing — receivership — transaction
CanLII | May 27, 2021
- keywords: creditors — million loan — appoint a receiver — evidence — franchise
CanLII | May 26, 2021
- keywords: receiver — appoint an inspector — investigation — remedy — arbitration clause
CanLII | May 26, 2021
- keywords: pandemic — overriding procedures — distancing — contract — additional
CanLII | May 26, 2021
- keywords: trustee — bankruptcy — appoint a receiver — creditors — secured
CanLII | May 21, 2021
- keywords: shareholders — acted oppressively towards — dissolution — former clients — services
CanLII | May 20, 2021
- keywords: derivative — coverage — person — insured — entity
CanLII | May 19, 2021
- keywords: motion — land — adjournment — triable — tracing
CanLII | May 19, 2021
- keywords: disclaimer — students — restructuring — full-time equivalents — courses
CanLII | May 19, 2021
- keywords: approves the entered — endorsement — francophonie — increases — million
CanLII | May 19, 2021
- keywords: francophonie — resiliated — amending — motion was heard via — collectively
CanLII | May 19, 2021
- keywords: restructuring — million — among other things — revised cash flow forecast — term sheet
CanLII | May 18, 2021
- keywords: restructuring — students — francophone — bilingual — financial
CanLII | May 18, 2021
- keywords: assert — consolidated — struck — motion — abuse
CanLII | May 18, 2021
- keywords: support — death — dependant — deceased — income
CanLII | May 18, 2021
- keywords: release — creditors — directors — founders — approve
CanLII | May 13, 2021
- keywords: circular — shareholders — nominees — directors — proxy
CanLII | May 11, 2021
- keywords: audited financial statements — real estate — oppression — shareholder — receiver
CanLII | May 10, 2021
- keywords: settlement — business — injunction — fraudulently — revenue
CanLII | May 5, 2021
- keywords: timetable proposed — motions — bilingual — proceedings — motion opposing a disclaimer served
CanLII | May 4, 2021
- keywords: oppression — class members — common — discovery — debentures
CanLII | Apr 29, 2021
- keywords: injunction — deemed terminations — achieve commercial operation — contractual — faith
CanLII | Apr 27, 2021
- keywords: data — entities — merger — agreement — brand
CanLII | Apr 23, 2021
- keywords: amount — injunction will — email — comeback — accountant
CanLII | Apr 23, 2021
- keywords: aircraft — injunction — arbitration — enforce — fundamental quid pro quo
CanLII | Apr 23, 2021
- keywords: non-opposition to the recommendation — receive a pro rata distribution — collectively — monitor — approve
CanLII | Apr 20, 2021
- keywords: mortgage — salary — strong prima facie — asserts — oppressive
CanLII | Apr 19, 2021
- keywords: rent — directors — non-enforcement period — notice — interim
CanLII | Apr 19, 2021
- keywords: shareholder — owner — investors — second mortgage — evidence
CanLII | Apr 19, 2021
- keywords: surety — rescission — bond — obligee — fraud
CanLII | Apr 13, 2021
- keywords: settling — knowing — fiduciary — business — intermediary
CanLII | Apr 1, 2021
- keywords: stakeholders — confidentiality — restructuring — commercial interest — effects
CanLII | Apr 1, 2021
- keywords: holistic approach — reasonable expectations — tactical — partial indemnity costs — damages
CanLII | Mar 31, 2021
- keywords: anti-suit injunction — forum selection clauses — receivables — guarantees — collateral
CanLII | Mar 31, 2021
- keywords: false invoicing scheme — impugned transactions — undervalue — creditors — defraud
CanLII | Mar 30, 2021
- keywords: solicitor-client privilege — motions — litigation privilege — documents — anti
CanLII | Mar 30, 2021
- keywords: misfeasance — public office — tort — discloses no reasonable cause — leave to amend
CanLII | Mar 25, 2021
- keywords: cash call — partner — wash — strong prima facie — injunction
CanLII | Mar 25, 2021
- keywords: commuted value transfers — prefiling — pension plan — beneficiaries — ratio
CanLII | Mar 24, 2021
- keywords: option — insured — additional premium — coverage — policy
CanLII | Mar 23, 2021
- keywords: regulators — stay — liquidity crisis — million — licenses
CanLII | Mar 22, 2021
- keywords: set-top boxes — channels — set-top box on shavatv co — contempt — account
CanLII | Mar 17, 2021
- keywords: interest — motion — mortgage — estoppel — collateral attack
CanLII | Mar 15, 2021
- keywords: property — injunction — purchase — lender — email
CanLII | Mar 15, 2021
- keywords: ex parte — cybersecurity — counterterrorism — set aside — assets
CanLII | Mar 15, 2021
- keywords: bid — takeover — financing — coverage — evidence
CanLII | Mar 5, 2021
- keywords: content — platform — injunction — battle flag — online
CanLII | Mar 1, 2021
- keywords: arbitrator — mid-range rent — condominium — legal encumbrances — lease
CanLII | Mar 1, 2021
- keywords: fixtures — real property — limitation period — security interest — mortgage
CanLII | Feb 26, 2021
- keywords: comeback — million — restructuring — stay — liquidity
CanLII | Feb 23, 2021
- keywords: sanction — opportunity to purge his contempt — incarceration — examination — attend
CanLII | Feb 16, 2021
- keywords: contempt — evidence — bitcoin — affidavit — bank
CanLII | Feb 15, 2021
- keywords: indemnity — duty to defend — hold harmless — insurance — subcontractors
CanLII | Feb 12, 2021
- keywords: masks — respirator — strong prima facie — dissipation — injunction
CanLII | Feb 10, 2021
- keywords: students — insolvent — restructuring — million — directors
CanLII | Feb 3, 2021
- keywords: pre-litigation costs — transfers — motion — property — vesting
CanLII | Jan 28, 2021
- keywords: fairness — security holders — interim — meeting to approve the plan — transaction
CanLII | Jan 27, 2021
- keywords: salary — shares — six-month period — oppression — technology
CanLII | Jan 25, 2021
- keywords: interpreter — cross-examination — boardroom — affidavit — evidence
CanLII | Jan 25, 2021
- keywords: business — fraud — selling lentils — frozen — bank accounts
CanLII | Jan 25, 2021
- keywords: injunction — living expenses — frozen assets — pay — situated
CanLII | Jan 25, 2021
- keywords: transfer — adult — homes — child — home
CanLII | Jan 21, 2021
- keywords: cashless — exercise — triggering event — shares — emails
CanLII | Jan 15, 2021
- keywords: mortgagees — property — borrowing by-law — tax arrears — shares
CanLII | Jan 12, 2021
- keywords: motion — partial indemnity scale — leave to amend — costs — procedural agreement
CanLII | Jan 4, 2021
- keywords: application — security for costs — delay — motion to dismiss — defamation
CanLII | Jan 4, 2021
- keywords: receivership — arbitration — shareholder — consolidated promissory — appoint a receiver
CanLII | Jan 4, 2021
- keywords: soymilk — evidence — business — handwriting — signed
CanLII | Jan 4, 2021
- keywords: assignment — counterparty — inherent jurisdiction — geothermal — debtor
CanLII | Dec 24, 2020
- keywords: shareholders — motion — proceedings — activities — among other things
CanLII | Dec 22, 2020
- keywords: commissions — actual warranty — percent — paid — amount
CanLII | Dec 15, 2020
- keywords: arbitrator — arbitration — second phase — costs — loans
CanLII | Dec 14, 2020
- keywords: salary — shareholder — valuation — expenses — dividends
CanLII | Dec 14, 2020
- keywords: arbitration agreement — dispute — non-exclusive jurisdiction — forum — mandatory
CanLII | Dec 14, 2020
- keywords: case-by-case privilege — confidentiality — answer — questions — employment agreement
CanLII | Dec 11, 2020
- keywords: ordinary course — carveout — response to the pandemic — loan-loss reserves — projections
CanLII | Dec 9, 2020
- keywords: rent — store — brand — retail — cannabis
CanLII | Dec 1, 2020
- keywords: six-month provision — bid — successful bidder — supplier — services
CanLII | Nov 27, 2020
- keywords: debentureholders — indenture — trustee — preconditions — holders
CanLII | Nov 27, 2020
- keywords: corporate — studio — discloses no reasonable cause — plead — enrichment
CanLII | Nov 13, 2020
- keywords: concerns — maturity — million — outstanding — equity
CanLII | Nov 11, 2020
- keywords: credit union — accounts — funds — term deposits — bank
CanLII | Nov 6, 2020
- keywords: independent legal advice — indemnification — shares — advance funding — mandatory injunction
CanLII | Oct 20, 2020
- keywords: receiver — re-appointment — trustee — discharge — appointment
CanLII | Oct 14, 2020
- keywords: stay — annulment — irreparable harm — test — asserts
CanLII | Oct 14, 2020
- keywords: contempt — pandemic — examination — recusal — viewing the matter realistically
CanLII | Oct 14, 2020
- keywords: transfer — undervalue — creditor — bankruptcy — security
CanLII | Oct 14, 2020
- keywords: noteholders — lenders — debt — fairness — arrangement
CanLII | Oct 6, 2020
- keywords: tax credits — security — dealership — borrowing base — trust
CanLII | Oct 5, 2020
- keywords: million — distributive costs — partial indemnity — shares — transaction structure
CanLII | Oct 5, 2020
- keywords: disclaim — purchase — deposit — interest — priority
CanLII | Sep 29, 2020
- keywords: brand — unfreeze the account — agreements — prima facie — irreparable harm
CanLII | Sep 28, 2020
- keywords: refund — cash collateral — approving — funds — paid
CanLII | Sep 25, 2020
- keywords: shares — rectification — tax — declaration — controlling
CanLII | Sep 16, 2020
- keywords: general partner — fiduciary — limited partners — affiliate — funds
CanLII | Sep 11, 2020
- keywords: fees — accruals — motion — error — entered
CanLII | Sep 10, 2020
- keywords: purchase — pandemic — obtain financing — frustration — shotgun
CanLII | Sep 2, 2020
- keywords: contempt — email — accounting — assets — orders
CanLII | Sep 2, 2020
- keywords: purchasers — debtor — appraisal report — disclaimer motion — unredacted
CanLII | Sep 1, 2020
- keywords: shareholders — bid — offer — hard lock-up — cash
CanLII | Jul 30, 2020
- keywords: arbitration — disputing — subsequent practice — investor — treaty
CanLII | Jul 29, 2020
- keywords: reserve — nunc — tunc — satisfied that it is appropriate — pending
CanLII | Jul 28, 2020
- keywords: extension — requested — granted — motions — cash-flow
CanLII | Jul 28, 2020
- keywords: receivership — unsecured creditors — two-year limitation period — cash collateral arrangement — bond
CanLII | Jul 22, 2020
- keywords: irreparable harm — brothers — business — properties — payments
CanLII | Jul 20, 2020
- keywords: transactions — debited from s account — assets — frozen — funds
CanLII | Jul 17, 2020
- keywords: releases — carve-out — submit — blockades — creditors
CanLII | Jul 14, 2020
- keywords: shareholder loan — partial indemnity costs — applications — claimed — disbursements
CanLII | Jul 9, 2020
- keywords: sealing — redactions — dwpv com — cashflows — rschwill
CanLII | Jul 2, 2020
- keywords: cricket — sport — jurisdiction — dispute — organization
CanLII | Jun 26, 2020
- keywords: unredacted — creditors — commonality — sealing — voting
CanLII | Jun 26, 2020
- keywords: stalking horse bid — receivership — debtor — project — purchasers
CanLII | Jun 25, 2020
- keywords: sealing — allegations — defamatory — costs — reasons
CanLII | Jun 25, 2020
- keywords: three-month time period — assign — suspend the three-month — access — pandemic
CanLII | Jun 19, 2020
- keywords: tenant estoppel certificates — crisis — building condition assessment — process — bidders
CanLII | Jun 18, 2020
- keywords: owing — monies — franchise — shareholder loan accounts — credited
CanLII | Jun 15, 2020
- keywords: brother — properties — forensic accountant — real estate — investments
CanLII | Jun 5, 2020
- keywords: foreign — enforcement — conflict — raise — public policy
CanLII | Jun 2, 2020
- keywords: bankruptcy — ordinary course — statute-barred — creditor — payments
CanLII | May 20, 2020
- keywords: contempt — rental income — mortgage — motion — beyond a reasonable doubt
CanLII | May 1, 2020
- keywords: project — payments — funds — defaulting co-owner — cost consultant
CanLII | Apr 23, 2020
- keywords: receivership — projects — financing — lenders — creditors
CanLII | Apr 17, 2020
- keywords: shares — tax — repurchase — transaction structure — holding company
CanLII | Apr 9, 2020
- keywords: majority — arbitration — gaming — non-gaming amenities — honour
CanLII | Apr 9, 2020
- keywords: receiver — class representative — approval — information — creditors
CanLII | Apr 7, 2020
- keywords: shareholder loan — cash — shareholders — business — front desk
CanLII | Apr 6, 2020
- keywords: settlement agreement — relief from forfeiture — administration fees — shortfall — outstanding
CanLII | Apr 6, 2020
- keywords: settlement agreement — relief from forfeiture — administration fees — shortfall — outstanding
CanLII | Apr 2, 2020
- keywords: assets — dies — equipment — business — advance
CanLII | Mar 23, 2020
- keywords: fiduciary duty — costs — damages — million — breached their fiduciary duties
CanLII | Mar 12, 2020
- keywords: mortgage — priority — lien claimants — registered — liens arising from the improvement
CanLII | Mar 11, 2020
- keywords: properties — inspector — interest — majority partners — oppression
CanLII | Mar 5, 2020
- keywords: obtain independent legal advice — retainer — shareholders agreement — lawyer — solicitor-client privilege
CanLII | Mar 3, 2020
- keywords: shares — purchase price — renegotiate — exercise — terms
CanLII | Feb 24, 2020
- keywords: equalization — trustee — spouses — matrimonial home — property
CanLII | Feb 19, 2020
- keywords: valuation — share purchase — financial — rectification — owing
CanLII | Feb 19, 2020
- keywords: funds — investors — second mortgage — motion — emails
CanLII | Feb 6, 2020
- keywords: partial indemnity basis — substantial indemnity costs — million — disgorgement — summary judgment motion
CanLII | Feb 5, 2020
- keywords: annuities — real properties — delay — contempt — motion
CanLII | Feb 4, 2020
- keywords: withdrawn partners capital — balance of convenience — specific fund — payment — dissipation
CanLII | Feb 3, 2020
- keywords: jurisdiction — challenge — arbitration — fresh evidence — ruling
CanLII | Feb 3, 2020
- keywords: trademark — assignment — e-mails — motion — property
CanLII | Jan 31, 2020
- keywords: costs — equipment — customers — unlawful — cross-application
CanLII | Jan 29, 2020
- keywords: solar — contracts — rating — rule — projects
CanLII | Jan 27, 2020
- keywords: lease — square foot — vacate — renew — injunction
CanLII | Jan 27, 2020
- keywords: resignation — director — votes — shares — set-off
CanLII | Jan 24, 2020
- keywords: money paid under a mistake — anti-money laundering — yuan — banks — transactions
CanLII | Jan 10, 2020
- keywords: stakeholders — initial — motion to extend the stay — relief — debtor
CanLII | Jan 9, 2020
- keywords: initial — reasonably necessary for the continued — comeback — stay extension — relief
CanLII | Jan 9, 2020
- keywords: mediation — distributors — products — million — conflict
CanLII | Jan 8, 2020
- keywords: shares — transaction structure — repurchase — purchase — buyout of s interest
CanLII | Jan 2, 2020
- keywords: lender — borrowers — loans — settlement — forfeiture
CanLII | Jan 2, 2020
- keywords: stakeholders — global resolution of all opioid-related — stay of proceedings — foreign — actions
CanLII | Jan 2, 2020
- keywords: delay — inordinate — translation — inexcusable — prejudice
CanLII | Dec 24, 2019
- keywords: patents — cylindrical battery technology — restructuring — assert — motion
CanLII | Dec 24, 2019
- keywords: proposed financing — directors — business — lenders — charge
CanLII | Dec 6, 2019
- keywords: money — account — funds — bona fide — valuable consideration
CanLII | Nov 28, 2019
- keywords: failure to achieve commercial operation — contract — terminate — interpretation — solar
CanLII | Nov 19, 2019
- keywords: failure to achieve commercial operation — estoppel by convention — shared assumption — waiver — terminate the for failure
CanLII | Nov 19, 2019
- keywords: private prosecution — justice of the peace — leave to sue — receiver — raw organic waste
CanLII | Nov 19, 2019
- keywords: inside wire — in-building wire — telecommunications — equipment — access
CanLII | Nov 14, 2019
- keywords: prima facie case of fraud — motion — funding — strong prima facie — partial indemnity
CanLII | Nov 6, 2019
- keywords: parks levy — parkland — payment of cash-in-lieu — purchasers — conveyance of land
CanLII | Oct 16, 2019
- keywords: syncreon — foreign non-main proceedings — schemes of arrangement — recognition — creditors
CanLII | Oct 15, 2019
- keywords: appointed — receiver — shareholders agreement — management — radio station
CanLII | Oct 7, 2019
- keywords: shareholders meeting — requisition — incurred — expenses — calling
CanLII | Oct 7, 2019
- keywords: offer — density — stakeholders — second mortgagees — process
CanLII | Oct 7, 2019
- keywords: market data — affidavit — undertakings — brand name — contract
CanLII | Sep 30, 2019
- keywords: evidence — motion for summary — fraud — million — contempt
CanLII | Sep 30, 2019
- keywords: pre-assignment expenses — mortgage — receivership — pre-assignment amounts — property
CanLII | Sep 30, 2019
- keywords: advance funding — strong prima facie — indemnify — save harmless — individual
CanLII | Sep 10, 2019
- keywords: net profits — interpretation — extricable — submits that the arbitrator — royalty
CanLII | Aug 30, 2019
- keywords: companies — shareholder loan — fair value — enterprise — oppressive
CanLII | Aug 21, 2019
- keywords: relief from forfeiture — obtain a writ of possession — municipal taxes — breach — leave to obtain a writ
CanLII | Aug 15, 2019
- keywords: acquisition fees — real estate — assets — acquisition fee — purchase
CanLII | Aug 13, 2019
- keywords: arbitrator — fire — knowledge of as co-extensive — bakery — interpretation
CanLII | Aug 9, 2019
- keywords: solely as a financial investor — pension fund — infrastructure projects — competing interests — pension funds
CanLII | Aug 8, 2019
- keywords: million — valuation — value — equitable compensation — amount
CanLII | Aug 2, 2019
- keywords: expert — evidence — entities — admissibility — foreign
CanLII | Aug 2, 2019
- keywords: testing of active marijuana ingredients — extraction — motion — discoverability — summary
CanLII | Aug 2, 2019
- keywords: shareholders — leave to bring a derivative — polymer coating — contract — misappropriation
CanLII | Jul 31, 2019
- keywords: investment — fraudulent misrepresentation — shareholders — injunction — mortgage
CanLII | Jul 30, 2019
- keywords: prejudgment interest — exchange rate — disgorgement of profits — foreign currency — date
CanLII | Jul 25, 2019
- keywords: substantial indemnity costs — offer — oppression — application — judicial mediation
CanLII | Jul 22, 2019
- keywords: calculation — settlement agreement — amounts — landlords — valuation
CanLII | Jul 17, 2019
- keywords: email — agreement — document — minutes of settlement — shares
CanLII | Jul 11, 2019
- keywords: liquidation — purchase — termination — proceeds — distribution
CanLII | Jul 8, 2019
- keywords: shareholders — confidential information — disqualifying conflict of interest — client — corporation
CanLII | Jul 8, 2019
- keywords: winding-up — monitor — costs — payment — legal fees
CanLII | Jun 26, 2019
- keywords: receiver — vesting orders — property — jurisdiction — royalty
CanLII | Jun 25, 2019
- keywords: pro rata basis — demutualization — premiums paid — life insurance coverage — distributed
CanLII | Jun 21, 2019
- keywords: relief from forfeiture — exercise — terms — submits — shares
CanLII | Jun 21, 2019
- keywords: easement — set aside — notice — registered — submit
CanLII | Jun 19, 2019
- keywords: shareholders — corporation — property — business — directors
CanLII | Jun 13, 2019
- keywords: abuse of process — criminal — police — real estate — fraud
CanLII | Jun 10, 2019
- keywords: abuse — father — physical — incident — hit
CanLII | Jun 10, 2019
- keywords: summary judgment motion — indemnity costs — successful — criminal — unreasonably
CanLII | Jun 5, 2019
- keywords: satisfactory financing — early termination — commercially reasonable steps — interpretation — unfettered discretion
CanLII | Jun 4, 2019
- keywords: creditors — restructuring — foreign proceeding — prepetition — million
CanLII | Jun 3, 2019
- keywords: trading — software — platform — error trades — computer
CanLII | May 21, 2019
- keywords: million — revenues — breach of fiduciary duty — company — board
CanLII | May 17, 2019
- keywords: percent — commissions — constructively dismissed — amount — producers
CanLII | May 9, 2019
- keywords: set aside — materials — lawyer — natural justice — served
CanLII | May 9, 2019
- keywords: shares — dealing at arm s-length — undervalue — consulting — value
CanLII | May 6, 2019
- keywords: status quo — provinces — stayed — stakeholders — plc
CanLII | May 2, 2019
- keywords: cause of action estoppel — inducing breach of contract — motions — confidential information — abuse of process
CanLII | May 2, 2019
- keywords: stakeholders — stay — preserve the status quo — proceedings — jurisdiction
CanLII | Apr 29, 2019
- keywords: costs — indemnity basis — losing — settle — applications
CanLII | Apr 25, 2019
- keywords: cross-examination — knowledge — settlement — relevant — negotiated
CanLII | Apr 25, 2019
- keywords: bonding — trust — reserves — commitments — attached
CanLII | Apr 16, 2019
- keywords: projects — day-to-day operations — restructuring — proposed — stay of proceedings
CanLII | Apr 16, 2019
- keywords: winding-up — costs — estate trustee — legal fees — ordinary course
CanLII | Apr 16, 2019
- keywords: receiver — arguable defence on the merits — undertakings — motion to set aside — potential prejudice
CanLII | Apr 16, 2019
- keywords: motion — limitation period — record — value of the loan portfolio — summary
CanLII | Apr 5, 2019
- keywords: trustee — bankrupt — examination — attend — costs
CanLII | Apr 4, 2019
- keywords: application — locality of the debtor — registrars in bankruptcy — motions — erred
CanLII | Apr 4, 2019
- keywords: declarant — dispute — arbitration clause — oppressive — agreement
CanLII | Apr 2, 2019
- keywords: ldicris — motion — affidavit — factum — cross-examination
CanLII | Mar 27, 2019
- keywords: million — proceeds — disposition of the securities — entitled to receive — successor thereof
CanLII | Mar 22, 2019
- keywords: security for costs — assets to satisfy a costs — bank — evidence — account
CanLII | Mar 20, 2019
- keywords: stay — stakeholders — billion — plc — proceedings
CanLII | Mar 18, 2019
- keywords: transaction — materials — relevance — accordance with accepted valuation principles — shares
CanLII | Mar 15, 2019
- keywords: insolvent — assignment — unreasonably withheld — clinics — assets
CanLII | Mar 14, 2019
- keywords: stakeholders — stay of proceedings — debtor company — charge — restructuring
CanLII | Mar 13, 2019
- keywords: examination for discovery — spectrum — entrants — roaming — wireless
CanLII | Mar 12, 2019
- keywords: arbitration — address — notarized delivery — enforcement — mailed
CanLII | Mar 11, 2019
- keywords: stay of proceedings — million — intercompany — cross-border — liabilities
CanLII | Mar 6, 2019
- keywords: motion — venue — passing of accounts — ex parte — beneficiaries
CanLII | Mar 4, 2019
- keywords: various landlords — theoretical — cash sweep — liquidators — assignees
CanLII | Mar 1, 2019
- keywords: privilege — stay — motion for leave — produce — confidentiality
CanLII | Feb 22, 2019
- keywords: lawyer s negligence — underlying litigation — billing — dismissal — delay
CanLII | Feb 21, 2019
- keywords: costs on a partial indemnity — injunction motion — materials — claimed — reserved
CanLII | Feb 21, 2019
- keywords: purchaser — individual — indemnity — bad faith — shareholder
CanLII | Feb 21, 2019
- keywords: motion — attempt to relitigate — accounting — joint venture — interest
CanLII | Feb 21, 2019
- keywords: dividend — rollover agreement — rectification — capital — tax
CanLII | Feb 12, 2019
- keywords: million — loan — transaction — amount — principal
CanLII | Feb 12, 2019
- keywords: defamation — conspiracy — whistleblower — plead — publication
CanLII | Feb 12, 2019
- keywords: conspiracy — duty of care — proximity — negligent misrepresentation — plead
CanLII | Feb 12, 2019
- keywords: continuing professional development programs — oppressive — corporations — appointment of an inspector — revocation
CanLII | Feb 11, 2019
- keywords: shares — trust — million — beneficial interest — purchase
CanLII | Feb 1, 2019
- keywords: charging — lien — solicitor — secured creditor — bankruptcy
CanLII | Jan 23, 2019
- keywords: dissident — electronic — not-for-profit corporation — members — list
CanLII | Jan 17, 2019
- keywords: misrepresentation — allegations — fraudulent — enter into the severance agreement — induced
CanLII | Jan 15, 2019
- keywords: commissions — brokerage — trust account — real estate — audited financial statements
CanLII | Jan 11, 2019
- keywords: directors — business — proposed — officers — broadloom
CanLII | Jan 11, 2019
- keywords: hydroformed — pre-filing amounts to certain — stakeholders — secured lenders — factum
CanLII | Jan 11, 2019
- keywords: funds — held in trust — money — settlement — paid
CanLII | Jan 11, 2019
- keywords: escrow — pleading — breaches of representations — liquidity crisis — mismanagement
CanLII | Jan 11, 2019
- keywords: unanimous shareholders agreement — board of directors — co-chief executive officer — email — posts
CanLII | Jan 11, 2019
- keywords: valuation — management buyout — settlement — release — motion
CanLII | Jan 11, 2019
- keywords: valuation — one-third share — counter-application — fair market value — costs
CanLII | Jan 9, 2019
- keywords: rate — shares — postjudgment interest — quarter — dissenting shareholder
CanLII | Jan 8, 2019
- keywords: assets — contempt — accounts — worldwide — affidavit
CanLII | Jan 7, 2019
- keywords: trustees — cemetery — burial of the dead — corporation — lands
CanLII | Jan 3, 2019
- keywords: returnable — comeback — milestone — objections — emergence
CanLII | Jan 3, 2019
- keywords: fraud — risk of dissipation — audit — assets — injunction
CanLII | Jan 3, 2019
- keywords: investors — trustee — fees — developers — committee
CanLII | Dec 11, 2018
- keywords: protestors — back-to-work legislation — police — enforce — blockading
CanLII | Dec 10, 2018
- keywords: all-inclusive basis — rate — costs — reduced — amount
CanLII | Dec 7, 2018
- keywords: environmental — settlements — releases — stakeholders — remediation
CanLII | Nov 30, 2018
- keywords: oppression — calculation of pre-judgment interest — shares — arbitration — alter ego
CanLII | Nov 29, 2018
- keywords: mortgage — assignment — property — amount — discharge
CanLII | Nov 29, 2018
- keywords: security for costs — crossclaim for damages — counterapplication — good reason to believe — motion
CanLII | Nov 27, 2018
- keywords: evidence — repudiated — miscarriage of justice — interim receiver — appointed
CanLII | Nov 27, 2018
- keywords: programs — stalking horse bids — employees — process — incentive
CanLII | Nov 23, 2018
- keywords: loss ratio — rollover — agreement — product — insurance
CanLII | Nov 14, 2018
- keywords: interpleader — cryptocurrency — accounts — funds — competing
CanLII | Nov 12, 2018
- keywords: purported fresh evidence — organic waste — original motion — indemnity — willful
CanLII | Nov 9, 2018
- keywords: financing — valuation — debt — cash flows — projected
CanLII | Nov 6, 2018
- keywords: assets — proprietary — funds — non-dissipation — motion
CanLII | Nov 5, 2018
- keywords: closing — purchaser — breaches of confidentiality — stakeholders — financing
CanLII | Nov 2, 2018
- keywords: motion — companies — costs — ruling — privilege
CanLII | Nov 2, 2018
- keywords: costs — winding-up process — substantial indemnity — motion to strike — oppression
CanLII | Oct 26, 2018
- keywords: investment — funds — otra punta — email — account
CanLII | Oct 26, 2018
- keywords: arbitrator to determine — appoint — set-off — cost-effective — closing
CanLII | Oct 22, 2018
- keywords: software — abuse of process — motion — oppression — damages
CanLII | Oct 12, 2018
- keywords: disqualification — duty of fairness — proponents — duty of care — process
CanLII | Oct 12, 2018
- keywords: investors — erred in disallowing — failed to meet the onus — advance — owner of the property municipally
CanLII | Oct 1, 2018
- keywords: forum non conveniens analysis — bronzes — stay — doctrines — jurisdiction
CanLII | Sep 21, 2018
- keywords: lien claimants — costs — lien claimant litigation — indemnity — priority
CanLII | Sep 20, 2018
- keywords: not-for-profit corporation — arbitration — oppression — board of directors — lifetime members
CanLII | Sep 20, 2018
- keywords: shares — expectation — personal expenses — arrangements — card
CanLII | Sep 20, 2018
- keywords: companies — answers — stonewalling — produced — corporations
CanLII | Sep 14, 2018
- keywords: delay — motion — dismissing the action with costs — impecuniosity — failure to comply
CanLII | Sep 11, 2018
- keywords: court-appointed receiver — creditor — privately-appointed receiver — payment — mortgage
CanLII | Aug 29, 2018
- keywords: project — fiduciary — counter-application — departure — relationship
CanLII | Aug 27, 2018
- keywords: arbitrator — damages for loss of profits — duty of good faith — covenant — jurisdiction
CanLII | Aug 27, 2018
- keywords: directors — shareholder loans — fiduciary — cash — mortgage
CanLII | Aug 21, 2018
- keywords: deductibles — settlement — release — wrap-up liability policy — third-party
CanLII | Aug 2, 2018
- keywords: conspiracy — motion — matrix — interests of justice — will
CanLII | Aug 2, 2018
- keywords: shares — president — salary — company — deadlock
CanLII | Aug 2, 2018
- keywords: process server — set-top boxes — jurisdiction — com — infringement
CanLII | Aug 1, 2018
- keywords: equitable set-off — receiver — repudiated — ground-mount solar — project
CanLII | Jul 30, 2018
- keywords: appoint a receiver — two-year term — three-year term — tax arrears — renovation
CanLII | Jul 25, 2018
- keywords: tax — rectification — nunc pro tunc — equitable jurisdiction — mistake
CanLII | Jun 21, 2018
- keywords: pierce the corporate veil — assets — shares — principle of corporate separateness — debtor
CanLII | Jun 4, 2018
- keywords: settlement privilege — proposal — annulment motion — creditors — trustee
CanLII | Jun 1, 2018
- keywords: royalty — interest in land — vesting — incorporeal hereditament — motion
CanLII | Mar 15, 2018
- keywords: counter-application — fund — performance dividend — extricable — undeclared
CanLII | Mar 9, 2018
- keywords: shareholders agreement — oppression — injunction — arbitration — well-nigh
CanLII | Dec 22, 2017
- keywords: oppression — million — recapitalization — restructuring — stakeholders
CanLII | Dec 21, 2017
- keywords: rectification — certificate of amalgamation — court-approved corporate fundamental change — plan of arrangement — unwinding
CanLII | Oct 4, 2017
- keywords: million — forbearance fees — debt — amended guarantee — facility
CanLII | Jul 28, 2017
- keywords: tax pools — warranty — motion judge s interpretation — future — representation
CanLII | Jul 10, 2017
- keywords: million — fiduciary duty — fraudulent misrepresentation — deceit — investment bankers
CanLII | Apr 21, 2017
- keywords: shares — value — cash calls — en-bloc adjusted book — valuation
CanLII | Mar 31, 2017
- keywords: applications — trust — recital — owns the shares — owner
CanLII | Jan 2, 2017
- keywords: engagement agreements — motion — financing — lender disclosed — partial indemnity
CanLII | Mar 1, 2016
- keywords: offer to settle — substantial indemnity — seven-day timing requirement — holistic approach — favourable
CanLII | Dec 15, 2015
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