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Wilson V Alharayeri
Wilson v Alharayeri is a leading case of the Supreme Court of Canada which significantly extends the application of the oppression remedy under the ''Canada Business Corporations Act'' to include non-corporate parties. Background In 2005, A initiated a management buyout of a Wi-Fi manufacturing operation, and the buyout was completed by way of a reverse takeover with an interested financier. At the closing, the operation became Wi2Wi Corporation, and A received shares that were structured in three classes: 2 million common shares, 1 million Class A Convertible Preferred Shares ("A shares") and 1.5 million Class B Convertible Preferred Shares ("B shares"). Class C Convertible Preferred Shares ("C Shares") were also issued to other persons instrumental in finding new investors to participate in the transaction. The financing was inadequate for ensuring continuing operations, thus preventing an anticipated IPO in 2006. In 2007, negotiations began with Mitec Telecom Inc ("Mitec") fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oppression Remedy
In corporate law in Commonwealth countries, an oppression remedy is a statutory right available to oppressed shareholders. It empowers the shareholders to bring an action against the corporation in which they own shares when the conduct of the company has an effect that is oppressive, unfairly prejudicial, or unfairly disregards the interests of a shareholder. It was introduced in response to ''Foss v Harbottle'', which had held that where a company's actions were ratified by a majority of the shareholders, the courts will not generally interfere. It has been widely copied in companies legislation throughout the Commonwealth, including: :* the ''Canada Business Corporations Act'', and :* the ''Corporations Act 2001'' of Australia :* the ''Companies Act 1993'' of New Zealand :* the ''Companies Act, 2008'' of South Africa :* the ''Companies Act'' of Singapore :* the '' Companies Act 1965'' of Malaysia The ''Companies Ordinance'' of Hong Kong also contains similar provisions. Int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Solidary Obligations
{{more citations needed, date=April 2011 A solidary obligation, or an obligation ''in solidum'', is a type of obligation in the civil law jurisprudence that allows either obligors to be bound together, each liable for the whole performance, or obligees to be bound together, all owed just a single performance and each entitled to the entirety of it. In general, solidarity of an obligation is never presumed, and it must be expressly stated as the true intent of the parties' will. Contractual solidary obligations are frequently created by insurance policies or co-signing a loan. A common example of a solidary obligation created thorough operation of law is vicarious liability such as ''respondeat superior''. Solidarity can be either active or passive. A solidary obligation that is active exists among the obligees (creditors) in the transaction. It is passive when it exists among the obligors (debtors) in a transaction. A solidary obligation is almost always an advantage for a cred ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Corporate Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McMillan LLP
McMillan LLP is a Canadian business law firm serving public, private and not-for-profit clients across various industries in North America and around the world. McMillan LLP is the only national Canadian law firm with an office in Hong Kong, in addition to its offices across Canada in Vancouver, Calgary, Toronto, Ottawa and Montréal''.'' The firm has industry groups in different sectors such as technology, energy, oil and gas, mining, construction and infrastructure, automotive, and transportation. Founding Firms and Mergers The firm was founded by Newton Rowell in 1903. At this time, it consisted of three lawyers and was called Rowell, Reid and Wood. By 1910, the firm more than doubled to seven lawyers, a size it kept until the mid-twenties. Gordon McMillan joined the firm in 1921 and practiced for over half of a century, bringing notable clients such as Monarch and BorgWarner. In 1926, Rhodes Scholar Roland Michener and Osgoode Hall graduate Daniel Lang formed Lang Mich ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equitable Jurisdiction
Equity is a particular body of law that was developed in the English Court of Chancery. Its general purpose is to provide a remedy for situations where the law is not flexible enough for the usual court system to deliver a fair resolution to a case. The concept of equity is deeply intertwined with its historical origins in the common law system used in England. However, equity is in some ways a separate system from common law: it has its own established rules and principles, and was historically administered by separate courts, called " courts of equity" or "courts of chancery". Equity exists in domestic law, both in civil law and in common law systems, and in international law. The tradition of equity begins in antiquity with the writings of Aristotle (''epieikeia'') and with Roman law (''aequitas''). Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law. Equity in common law jurisdictions (gener ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bad Faith
Bad faith (Latin: ''mala fides'') is a sustained form of deception which consists of entertaining or pretending to entertain one set of feelings while acting as if influenced by another."of two hearts ... a sustained form of deception which consists in entertaining or pretending to entertain one set of feelings, and acting as if influenced by another; bad faith", ''Webster's Dictionary'', 1913 It is associated with hypocrisy, breach of contract, affectation, and lip service. It may involve intentional deceit of others, or self-deception. Some examples of bad faith include: Soldiers waving a white flag and then firing when their enemy approaches to take prisoners (cf. perfidy); a company representative who negotiates with union workers while having no intent of compromising;"Bad Faith Negotiation," Union Voice a prosecutor who argues a legal position that he knows to be false; an insurer who uses language and reasoning which are deliberately misleading in order to deny a cl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Suzanne Côté
Suzanne Côté (born September 21, 1958) is a puisne justice of the Supreme Court of Canada. She was nominated by Prime Minister Stephen Harper to replace retiring justice Louis LeBel. Before her appointment to the Supreme Court, she was a partner at Osler, Hoskin & Harcourt LLP and previously Stikeman Elliott LLP in Montréal. She is the first woman appointed to the Supreme Court directly from private practice. Early life and education She had wanted to be a lawyer since age 11. While her mother wanted her to become a teacher, as a child Suzanne enjoyed reading about high-profile legal cases. Côté did her legal studies at the Faculté de droit de l'Université Laval. Career While a student, Côté worked at a small law firm in Gaspé. She bought half of her employer's practice. Côté was called to the Bar of Quebec in 1981. She went on to become a partner at Stikeman Elliott LLP in Montréal, and later Osler, Hoskin & Harcourt LLP. At Osler, Hoskin & Harcourt, she over ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Financial Post
The ''Financial Post'' was an English Canadian business newspaper, which published from 1907 to 1998. In 1998, the publication was folded into the new ''National Post'',"Black says Post to merge with new paper". ''The Globe and Mail'', July 23, 1998. although the name ''Financial Post'' has been retained as the banner for that paper's business section and also lives on in the ''Post''s monthly business magazine, ''Financial Post Business''. The ''Financial Post'' started publication in 1907 by John Bayne Maclean."Publishing Inc. on the move". ''The Globe and Mail, April 9, 1983. It was a weekly publication, and one of the core assets of Maclean's media business, which eventually became Maclean-Hunter. The paper was purchased by Sun Media in 1987, and expanded into a daily tabloid on February 1, 1988, and added home delivery newspaper in 1990, with a reformatted ''Financial Post Magazine'' following shortly after. In 1998, Sun Media sold the ''Financial Post'' to Hollinger, whos ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clément Gascon
Clément Gascon (born September 5, 1960) is a Canadian jurist, who was nominated to the Supreme Court of Canada by Prime Minister Stephen Harper on June 3, 2014, and officially appointed the Court on June 9, 2014. He officially retired from the court on September 15, 2019. Born in 1960 to Dr. Bernard Gascon and Denyse Clément, Gascon graduated from Collège Jean-de-Brébeuf and McGill University. Gascon was admitted to the Quebec Bar in 1982 and in addition to his legal practice (in business, labour and construction law) was also a lecturer at Cégep de Saint-Jean-sur-Richelieu, Université du Québec à Montreal, McGill University and Bar of Quebec. Prior to his Supreme Court appointment, Gascon served on the Quebec Superior Court from 2002 to 2012, and the Quebec Court of Appeal from 2012 to 2014. He was previously a lawyer for the Montreal law firm Heenan Blaikie for 21 years. In June 2018, Gascon wrote for the majority of the court when it found that the Canadian Hum ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Audi Alteram Partem
(or ) is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them. "Audi alteram partem" is considered to be a principle of fundamental justice or equity or the principle of natural justice in most legal systems. This principle includes the rights of a party or its lawyers to confront the witnesses against them, to have a fair opportunity to challenge the evidence presented by the other party, to summon one's own witnesses and to present evidence, and to have counsel, if necessary at public expense, in order to make one's case properly. History of use As a general principle of rationality in reaching conclusions in disputed matters, "Hear both sides" was treated as part of common wisdom by the ancient Greek dramatists. A similar principle can also be found in Islamic law, based on a had ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec Court Of Appeal
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: ''la Cour d'appel du Québec'') is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal. History The Court was created on May 30, 1849, as the Court of Queen's Bench (''Cour du Banc de la Reine'' in French) – or Court of King's Bench (''Cour du Banc du Roi'' in French) depending on the gender of the current Monarch serving as Canada's head of state. The Court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974, it was officially renamed the Quebec Court of Appeal. Jurisdiction Under the Code of Civil Procedure of Quebec and the Criminal Code, someone wishing to appeal a decision of the either the Superior Court of Quebec or the Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Final judgments in civil cases are appellable as of right if the am ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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