Posts from October 2012.
Posted in Commercial

In general, corporate legislation in Canada provides that if a corporation engages in specific types of transactions, such as an arrangement or amalgamation, shareholders are entitled to vote against the transaction.  If the transaction is nevertheless approved, shareholders can then exercise a right to dissent and be paid fair value for their shares. 

Last month, I ...

Posted in Real Estate

The Supreme Court of Canada released its decision today in Southcott Estates Inc. v. Toronto Catholic District School Board, 2012 SCC 51 which addressed a number of thorny issues relevant to commercial real estate disputes including whether a Plaintiff must mitigate its damages where it has made a claim for specific performance of a real estate contract.  The decision has ...

Posted in Commercial

On October 2, 2012, I blogged about court intervention in shareholder proxy contests in British Columbia.  One of the cases referenced was a petition brought by TELUS to quash a meeting of TELUS’s shareholders requisitioned by an American hedge fund, Mason Capital Management LLC (“Mason Capital”).  This meeting was requisitioned in an attempt to block a merger of ...


In June 2012, my colleague, Craig Ferris wrote about the B.C. Court of Appeal decision in 229 Burrard Residential Limited Partnership v. Essolat where the Court endorsed a strict application of the terms of the B.C. Real Estate Development Marketing Act (“REDMA”).  There, the Court set aside a pre-construction sales contract and ordered the return of the purchase ...

Posted in Defamation

Headlines in Canada have been dominated recently by allegations published by the Georgia Straight newspaper in Vancouver against John Furlong, the former CEO of the Vancouver Olympics.

The allegations are serious. They claim Furlong physically abused First Nation students when he was a teacher in Burns Lake, B.C. in 1969. In response, Furlong issued a statement denying ...

Posted in Commercial

2012 has seen a large increase in court applications relating to shareholder proxy contests in British Columbia.  In the face of these increased number of applications, the Supreme Court of British Columbia has shown an increased willingness to intervene to ensure meetings and proxy contests are conducted fairly.

On September 20, 2012, the Court gave oral reasons in ...


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