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    The oppression remedy and fulfilment of directors’ duties
    2014-02-04

    In Susi v. Bourke, 2014 O.J. No. 11

    A Summary

    In Susi v. Bourke, [2014] OJ No 11, the Ontario Superior Court of Justice held that when all of the directors of a corporation fail to comply with their fiduciary duties, none of them can seek a remedy for oppression.

    Filed under:
    Canada, Ontario, Company & Commercial, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Conflict of interest, Bankruptcy, Fiduciary
    Authors:
    Laura Paglia
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Doing business in Alberta 2013
    2013-11-30

    DOING BUSINESS IN ALBERTA
    November 2013
    © Davis LLP 2013 i
    TABLE OF CONTENTS
    A. INTRODUCTION .............................................................................................................................. 1
    B. GOVERNMENT AND LEGAL SYSTEM ......................................................................................... 1
    C. TYPES OF BUSINESS ORGANIZATION ....................................................................................... 2

    Filed under:
    Canada, Alberta, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Franchising, Immigration, Insolvency & Restructuring, Tax, DLA Piper
    Location:
    Canada
    Firm:
    DLA Piper
    Former directors and officers of bankrupt company reach $4.75 million settlement with the Ministry of Environment over cleanup orders
    2013-11-01

    On October 28, 2013, the Ontario Ministry of the Environment (MOE) announced that it had reached a settlement with the former directors and officers of Northstar Aerospace whereby those former directors and officers agreed to pay $4.75 million for costs associated with the remediation of contaminated lands owned by the now-bankrupt company. The Environmental Review Tribunal approved the Minutes of Settlement at the hearing held on October 28.

    Filed under:
    Canada, Ontario, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP, Public company, Bankruptcy
    Authors:
    Daniel Kirby , Edward A. Sellers , Andrew MacDougall , Jennifer Fairfax , Patrick G. Welsh
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    Court of Appeal accepts Ontario jurisdiction despite forum selection clause for Germany
    2013-06-14

    During the spring of 2012, the Canadian Appeals Monitor posted a five-part series on the Supreme Court’s judgments in Van Breda, Black, and

    Filed under:
    Canada, Ontario, Company & Commercial, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Breach of contract, Forum selection clause, Court of Appeal for Ontario
    Authors:
    Carole J. Piovesan
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Sino-Forest: Ontario Court of Appeal upholds superior court decision on “equity claims”
    2012-11-27

    In Re Sino-Forest Corporation1, the Ontario Court of Appeal upheld the interpretation of “equity claims” employed by Justice Morawetz of the Ontario Superior Court of Justice (Commercial List).

    Filed under:
    Canada, Ontario, Company & Commercial, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Shareholder, Class action, Underwriting, Court of Appeal for Ontario
    Authors:
    Virginie Gauthier , Daniel Pearlman
    Location:
    Canada
    Firm:
    Norton Rose Fulbright Canada LLP
    Critical supplier priority charges in CCAA restructurings
    2012-11-09

    Companies restructuring under the Companies’ Creditors Arrangement Act (“CCAA”) depend on a supply of critical products and services in order to continue operations during the proceedings. An interruption in the supply of such goods and services would likely be fatal to any restructuring. Prior to 2009, the CCAA was silent about how the post-filing supply of such goods and services was to be obtained. The CCAA provided only that a supplier could not be forced to supply on credit.

    Filed under:
    Canada, Company & Commercial, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP, Credit (finance), Debtor, Supply chain
    Authors:
    Marc Wasserman , Patrick Riesterer , David Rosenblat
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    Doing business in British Columbia 2012
    2012-10-12

    Except where otherwise noted, this paper is current as of September, 2011 and provides preliminary information on Canadian and British Columbia legal matters to assist you in establishing a business in British Columbia and provides general guidance only.

    Filed under:
    Canada, British Columbia, Banking, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Environment & Climate Change, Franchising, Immigration, Insolvency & Restructuring, Tax, DLA Piper
    Location:
    Canada
    Firm:
    DLA Piper
    Canada’s Cinram manufacturing files in CCAA
    2012-07-05

    Cinram International Income Fund (TSX: CRW.UN), a Canadian company that is one of the world’s largest providers of multi-media products, has sought and obtained protection under the Companies' Creditors Arrangement Act (CCAA). The company proposes to sell its assets and businesses in the United States, Canada, the United Kingdom, France and Germany to Najafi Companies.

    Filed under:
    Canada, Company & Commercial, Insolvency & Restructuring, Cassels Brock & Blackwell LLP, Digital distribution, United States bankruptcy court
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP
    Doing business and raising capital in Canada
    2012-06-29

    We have prepared this Business Law Guide as a general overview of certain legal and business matters that may be relevant to a decision to establish or invest in a business in Canada.

    Filed under:
    Canada, Arbitration & ADR, Capital Markets, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Insolvency & Restructuring, Intellectual Property, Litigation, Tax, Trade & Customs, Torys LLP
    Location:
    Canada
    Firm:
    Torys LLP
    Insolvency watch Cellfor obtains court protection in Canada and US
    2012-01-09

    Cellfor, a privately held company that bills itself as the world's first and largest commercial supplier of conifer varietal seedlings to the forest industry, has obtained a court order granting it protection under the Companies' Creditors Arrangement Act.

    The initial order of Mr. Justice Harris of the Supreme Court of British Columbia grants a stay of proceedings against all actions and creditors until January 16, 2012, when a further hearing is scheduled to consider a possible extension of the stay period.

    Filed under:
    Canada, USA, Company & Commercial, Insolvency & Restructuring, Litigation, Cassels Brock & Blackwell LLP, Injunction, Convertible bonds
    Authors:
    Joseph Bellissimo , Bruce Leonard , Eleonore Morris , David Ward
    Location:
    Canada, USA
    Firm:
    Cassels Brock & Blackwell LLP

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