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| Contract to Exercise Options Executives often receive share options [Full text] Private Company Oppression A disenchanted minority shareholder has an arsenal of potential remedies. [Full text] Guarantor The firm has recently successfully completed a settlement for a wife who had guaranteed her husband’s business debts. [Full text] Summary Judgment and Discovery Rights Summary judgment is a remedy which may be sought [Full text] The Intersection of Civil Remedies with Regulatory and Criminal Proceedings Ron has been retained to quarterback various proceedings [Full text] Mining Companies – Commercial Contracts and Unjust Enrichment Ron McCloskey and Sara Beheshti recently finished a trial in which they represented a Canadian publicly traded mining company in a contractual dispute raising issues of breach of contract and unjust enrichment. [Full text] Shareholder Oppression The firm is representing shareholders in two similar situations where former employees, also shareholders, have their capital locked in to a privately held company without the benefit of a shareholder agreement or buy-out clause allowing for an orderly exit. [Full text] Human Rights Tribunal Ron McCloskey and Sara Beheshti recently appeared before the Ontario Human Rights Tribunal on a duty to accommodate case, arising out of an employee disability. [Full text] Law Firm Departing/Withdrawing Partners The firm has been hired to advise on the proper interpretation of the rights of partners, with respect to competition, retirement allowance and repayment of capital, upon retirement or withdrawal, under the Partnership Agreement of a major national law firm. [Full text] Obligations of Departing Employees Employees who leave a company are subject to a range of possible duties that may survive the termination of their employment or their departure. [Full text] Partnership Disputes The firm is frequently engaged by other professionals to advise on the rights and obligations flowing between partners in law and accounting firms upon departure. [Full text] Libel Plaintiffs complaining of defamation must now take account of two recent Supreme Court of Canada Judgments which have established a defence of “responsible communications”. [Full text] Accounting Firm Partnership Dispute Ron McCloskey has been retained by an Accounting Partnership in connection with issues arising from the withdrawal by partners [Full text] Directors Personal Liability The firm has been retained to provide advice to directors of closely held companies [Full text] Liability for Inducing Breach of Contract and Breach of Fiduciary Duty Officers, directors and some senior employees owe fiduciary duties to their employer. [Full text] Employment Terminations The firm has been handling a large number of employment terminations [Full text] Lawyers as Businessmen Lawyers must be careful when entering into business arrangements in their personal capacity. [Full text] Human Rights Mr. McCloskey has been retained to defend a complaint under the Human Rights Code. [Full text] Investment Dealer The firm has been retained by an investment dealer and advisor in connection with litigation arising out of a fairness opinion it provided to the special committee of the board of directors of a public company in connection with an Arrangement under the Canada Business Corporations Act. [Full text] Mandatory Retirement The firm recently defended a company at trial [Full text] Winding Up as a Shareholder Remedy The firm frequently acts in shareholder disputes where the conduct complained of may not amount to “oppression” within the meaning of the Business Corporations Act. [Full text] Costs of Litigation Under our system of litigation, one of the problems everyone faces is that people are free to sue anyone, regardless of the merits of the dispute. [Full text] Business Judgment Rule The firm has been advising disgruntled shareholders in connection with the application of the “business judgment rule” for directors, the extent to which the court will defer to the business judgment rule, and the qualifications on that doctrine. [Full text] Lifting the Corporate Veil The firm is defending the former president of a securities firm [Full text] Oppression and Fair Value In a case brought under the Business Corporations Act by a minority shareholder, alleging oppression and unfair treatment by the majority shareholders in connection... [Full text] Repudiation of Shareholder Agreement Investors in private companies often take comfort in written shareholder agreements purporting to cover all possible contingencies and setting out the respective rights and obligations of the parties. [Full text] Departing Employees and the Misuse of Confidential Information The firm is acting as counsel to a Hamilton law firm and its client, an international steel broker, authorized pursuant to a Section 38 order under the Bankruptcy and Insolvency Act to step into the shoes of a... [Full text] Compensation for Loss of Employment Ron has again acted for many senior executives over the past year in connection with their rights arising from the loss of their employment, whether actual or constructive, in circumstances giving rise to significant compensation. [Full text] Adverse Possession The firm has been involved recently in two property disputes arising out of adverse possession claims. [Full text] Mandatory Retirement Employees past normal retirement (age 65 until late 2006) sometimes found themselves being forced to retire in the months leading up to the legislative change in Ontario which abolished mandatory retirement at age 65. [Full text] Property Management In a case brought under the Business Corporations Act by a minority shareholder, alleging oppression and unfair treatment by the majority shareholders in connection with the past operation and sale of a large family-owned grocery chain... [Full text] Misrepresentation on Sale of Business Ron McCloskey has been advising a major Canadian manufacturer of heavy industrial equipment used in the mining and rail sectors. [Full text] Scrap Steel Injunction Proceedings One of Canada [Full text] Product Recall The firm is acting in a dealership termination dispute involving claims for damages resulting from breach of the express and implied terms of the Dealer Agreement and claims of breach of the implied duty to act in good faith. [Full text] Termination of Dealership The firm is acting in a dealership termination dispute involving claims for damages resulting from breach of the express and implied terms of the Dealer Agreement and claims of breach of the implied duty to act in good faith. [Full text] Success in Family Law Case The firm succeeded before Cronk J.A. in the Court of Appeal on behalf of a wife claiming an interest in property under the Family Law Act in winning a stay pending appeal [Full text] Removal of Law Firm for Record The firm acted for GMP Securities in the successful application to remove a major law firm from acting against its interests in a hostile takeover situation. The case is reported at 71 O.R. (3d) 461 [Full text] Setting Aside Compensation Package Success was achieved in a case representing a new corporate board of a utility that wished to set aside a compensation package awarded to its chief executive on a "change in control" under the executive [Full text] Breach of Partnership Agreement The firm acted successfully for three former partners of a national accounting firm in an arbitration involving claims of breach of the Partnership Agreement and breach of fiduciary duty by the management of the firm. [Full text] | |
