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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] |
Jenkins Committee On Company Law
The Jenkins Committee on Company Law was a Company Law Committee, chaired by Lord Jenkins and formed under the tenure of John Rodgers (Parliamentary Secretary to the Board of Trade). It was formed in November 1959 with terms of reference ''To review and report upon the provisions and workings of'': the Companies Act 1948; the Prevention of Fraud (Investments) Act 1958 and Registration of Business Names Act 1916 The Times ''The Times'' is a British daily national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its sister paper ''The Sunday Times'' (fou ..., 19 January 1960; pg 19 col D; ''Jenkins Committee On Company Law Call For Evidence'' Aspects covered included takeovers; the duties of directors and the rights of shareholders In January 1960 the committee invited comment on a range of subjects including: Incorporation of Companies and Memoranda of Association. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McCarthy Tétrault
McCarthy Tétrault LLP is a leading Canadian law firm that delivers integrated business law, litigation services, tax law, real property law, labour and employment law nationally and globally through offices in Vancouver, Calgary, Toronto, Montréal, Québec City, London (UK), as well as New York City. McCarthy Tétrault LLP is a Seven Sisters (law firms). Among the Seven Sisters, the reigning top players are McCarthy Tetrault LLP, Stikeman Elliott LLP, Osler Hoskin & Harcourt LLP and Blake Cassels & Graydon LLP. McCarthy Tétrault is the only law firm listed in the Report on Business Top 25 Best B2B Brands by ''The Globe and Mail'' in 2021, and it has the second strongest law firm brand in Canada according to ''Thomson Reuters’'' Regional Law Firm Brand Indexes 2021. The firm represents Canadian and international clients, including major public institutions, financial services organizations, mining companies, manufacturers, pharmaceutical companies and other corporations. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fasken Martineau
Fasken, formerly Fasken Martineau DuMoulin, is an international business law firm with approximately 700 lawyers and offices in Vancouver, Surrey, Calgary, Toronto, Ottawa, Montréal, Québec City, Beijing, London and Johannesburg. On 29 November 2017, the firm announced that it is changing its name to Fasken. The firm was founded in 1863. History Fasken began as a merger of three predecessor firms: Fasken Campbell Godfrey; Martineau Walker; and Russell & DuMoulin. (Fasken Campbell Godfrey in Toronto formed from the 1989 merger of two long standing Toronto firms — Fasken & Calvin, which began as Beatty and Chadwick, founded in 1863 by William Henry Beatty and Edward Marion Chadwick; Campbell Godfrey & Lewtas, which began as Howland & Arnoldi, in the 1880s; Martineau Walker in Montreal, which dates from 1907; and Russell & DuMoulin in Vancouver, dating from 1882.) In late 1999, Toronto-based Fasken Campbell Godfrey and Quebec-based Martineau Walker (Montreal and Quebec City) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Derivative Action
A shareholder derivative suit is a lawsuit brought by a shareholder on behalf of a corporation against a third party. Often, the third party is an insider of the corporation, such as an executive officer or director. Shareholder derivative suits are unique because under traditional corporate law, management is responsible for bringing and defending the corporation against suit. Shareholder derivative suits permit a shareholder to initiate a suit when management has failed to do so. To enable a diversity of management approaches to risks and reinforce the most common forms of corporate rules with a high degree of permissible management power, many jurisdictions have implemented minimum thresholds and grounds (procedural and substantive) to such suits. Purpose and difficulties Under traditional corporate business law, shareholders are the owners of a corporation. However, they are not empowered to control the day-to-day operations of the corporation. Instead, shareholders appoint dire ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Newfoundland And Labrador (Court Of Appeal)
The Court of Appeal of Newfoundland and Labrador is at the top of the hierarchy of courts for the Canadian province of Newfoundland and Labrador. The Court of Appeal derives its powers and jurisdiction from the Court of Appeal Act. The independent Court of Appeal was established in 2018 and comprises the Chief Justice and five other justices. At any given time there may be one or more additional justices who sit as supernumerary justices. From 1975 until 2018 the Court of Appeal was constituted as the appeal division of the Supreme Court of Newfoundland and Labrador with judges appointed specifically to hear appeals from the Trial Division of the Supreme Court. Prior to 1975 both trial and appeals were carried out in the Supreme Court, where the individual judges routinely acted as a trial judges but, in the event of an appeal, would sit together (en banc) to hear it. The Court now hears appeals of all type from the Supreme Court of Newfoundland and Labrador's General Division an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arm's Length
The arm's length principle (ALP) is the condition or the fact that the parties of a transaction are independent and on an equal footing. Such a transaction is known as an "arm's-length transaction". It is used specifically in contract law to arrange an agreement that will stand up to legal scrutiny, even though the parties may have shared interests (e.g., employer-employee) or are too closely related to be seen as completely independent (e.g., the parties have familial ties). An arm's length relationship is distinguished from a fiduciary relationship, where the parties are not on an equal footing, but rather, power and information asymmetries exist. It is also one of the key elements in international taxation as it allows an adequate allocation of profit taxation rights among countries that conclude double tax conventions, through transfer pricing, among each other. Transfer pricing and the arm's length principle was one of the focal points of the Base Erosion and Profit Shif ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Osler, Hoskin & Harcourt
Osler, Hoskin & Harcourt LLP is a Canadian-based law firm founded in 1862. Osler is considered one of the Seven Sisters (law firms), a historical collection of seven law firms with offices in Toronto, Ontario. History The firm was founded in 1862 by Britton Bath Osler, the eldest of three famous brothers — the other two being Sir William Osler, one of the four founding professors of Johns Hopkins Hospital, and Edmund Boyd Osler, an early president of the Dominion Bank (now, TD Bank). Osler would later join D'Alton McCarthy's Toronto partnership, subsequently known as McCarthy, Osler, Hoskin and Creelman. It was McCarthy's firm, Boulton & McCarthy, in Barrie, Ontario, which eventually became the firm now known as McCarthy Tétrault, reflecting the common heritage of the two firms. McCarthy, Osler, Hoskin and Creelman became a leading law firm in Toronto. In 1968, Osler became the first large corporate law firm in Canada to admit a woman as a partner, Bertha Wilson, who wen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Companies' Creditors Arrangement Act
The ''Companies' Creditors Arrangement Act'' (CCAA; french: Loi sur les arrangements avec les créanciers des compagnies) is a statute of the Parliament of Canada that allows insolvent corporations owing their creditors in excess of $5 million to restructure their business and financial affairs. The CCAA within the Canadian insolvency regime In 1990, the British Columbia Court of Appeal discussed the background behind the introduction of the CCAA in one of its rulings: The Supreme Court of Canada did not have a chance to explain the nature of the CCAA until the groundbreaking case of ''Century Services Inc. v. Canada (Attorney General)'' in 2010. In it, a detailed analysis was given in explaining the nature of insolvency law in Canada. The ''Bankruptcy and Insolvency Act'' (BIA) provides a more rules-based approach for resolving a corporate debtor's insolvency, which must be observed strictly. The CCAA, on the other hand, provides a more discretionary approach that is remedi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bankruptcy And Insolvency Act
The ''Bankruptcy and Insolvency Act'' (BIA; french: Loi sur la faillite et l'insolvabilité) (the ''Act'') is one of the statutes that regulates the law on bankruptcy and insolvency in Canada. It governs bankruptcies, consumer and commercial proposals, and receiverships in Canada. It also governs the Office of the Superintendent of Bankruptcy, a federal agency responsible for ensuring that bankruptcies are administered in a fair and orderly manner. Purpose and scope The nature of the ''Act'' within Canada's legal framework governing insolvency was described by the Supreme Court of Canada in ''Century Services Inc. v. Canada (Attorney General)'': With certain exceptions, the ''Act'' covers a wide range of entities: :* it covers anyone who has resided or carried on business in Canada :* it "includes a partnership, an unincorporated association, a corporation, a cooperative society or a cooperative organization, the successors of a partnership, of an association, of a corporat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McGill University
McGill University (french: link=no, Université McGill) is an English-language public research university located in Montreal, Quebec, Canada. Founded in 1821 by royal charter granted by King George IV,Frost, Stanley Brice. ''McGill University, Vol. I. For the Advancement of Learning, 1801–1895.'' McGill-Queen's University Press, 1980. the university bears the name of James McGill, a Scottish merchant whose bequest in 1813 formed the university's precursor, University of McGill College (or simply, McGill College); the name was officially changed to McGill University in 1885. McGill's main campus is on the slope of Mount Royal in downtown Montreal in the borough of Ville-Marie, with a second campus situated in Sainte-Anne-de-Bellevue, west of the main campus on Montreal Island. The university is one of two members of the Association of American Universities located outside the United States, alongside the University of Toronto, and is the only Canadian member of the Glob ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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