Expanding Minority Shareholder Remedies
In the recent decision of Canex Investment Corporation v. 0799701 B.C. Ltd., 2020 BCCA 231, The British Columbia Court of Appeal signaled an expansion of ... Continued
Abakhan – Must a dishonest intent be proven in order to establish that a transfer of assets constitutes a fraudulent conveyance?
Abakhan & Associates Inc. v. Braydon Investments Ltd. 2009 BCCA 521 Abakhan & Associates Inc. was the trustee in bankruptcy for Botham Holdings Ltd. Assets ... Continued
Larc – Does making a demand for particulars prevent a party from seeking a stay of proceedings pursuant to an arbitration clause?
Larc Developments Ltd. v. Levelton Engineering Ltd. 2010 BCCA 18 Levelton wished to invoke an arbitration clause and seek a stay of proceedings to the ... Continued
West Bay – Can a claim for wrongful dismissal proceed once the employer has obtained protection under the CCAA?
West Bay SonShip Yachts Ltd. (Re) 2009 BCCA 31 On this appeal, Mr. Esaw, a long term employee of West Bay, had commenced a claim ... Continued
Seidel – What’s the latest word from the BC Court of Appeal on the application of an arbitration clause to class actions?
Seidel v. Telus Communications Inc. 2009 BCCA 104 This appeal was heard at the same time as the appeal in MacKinnon v. National Money Mart ... Continued
Petcetera – Can a landlord bar access to the tenant’s premises once the tenant has given a notice of intention to make a proposal?
Re Canadian Petcetera Limited Partnership 2009 BCSC 520, 2009 BCCA 255 Petcetera operated a number of retail stores on leased premises. Petcetera’s history for timely ... Continued
Gill – Who, between an innocent registered land owner and an innocent lender, should bear the risk of a rogue obtaining mortgage proceeds by fraud?
Gill v. Bucholtz 2009 BCCA 137 The Court of Appeal was asked to determine who, between an innocent registered owner of real property or an ... Continued
Hub – When does the contractual duty of fairness arise in the context of a bid made in response to an invitation to tender?
Hub Excavating Ltd. v. Orca Estates Ltd. 2009 BCCA 167 Hub Excavating Ltd. bid to provide construction and excavation services for a multi-phase subdivision in ... Continued