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AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR LIVE

Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com

Wayward Fiduciary entitled to receive bonus from former Employer, says Court of Appeal

The Court of Appeal’s decision in Mady Development Corp. v. Rossetto, 2012 ONCA 31, reaffirmed the principle that equitable relief is always discretionary and fact specific. Full article

Magna Plan of Arrangement approved by Ontario Courts

A judge of the Ontario Superior Court of Justice’s Commercial List recently approved a plan of arrangement that eliminated the dual class share structure at Magna International Inc. (“Magna”) and [...] Full article

Business judgment rule does not trump unanimous shareholders’ agreement

Directors of a corporation cannot invoke the business judgment rule to justify decisions that violate a unanimous shareholders’ agreement, the Ontario Divisional Court held recently. Full article

Oppression does not guarantee relief

In Hu v. Sung, Superior Court Justice David Brown confronted the question of what to do when a shareholder in a private corporation has wrongfully excluded another from the affairs of the company, but by the time of trial the company has ceased operations, has not turned a profit and there is no evidence the offending shareholder personally benefited from the oppression. Full article


Disputes within Companies and Partnerships Contributors

Michael Binetti

Michael Binetti

Affleck Greene McMurtry LLP

Michael Binetti, a partner of the firm, brings a proven litigation background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation, including business and construction disputes, fraud, employment law, competition investigations, private competition actions, elections law and dealing with municipal and government regulators.

Contributor's Profile

The Hon. David C. Dingwall, P.C., Q.C.

The Hon. David C. Dingwall, P.C., Q.C.

Affleck Greene McMurtry LLP

Distinguished Visiting Professor, Ted Rogers School of Management, Ryerson University and Host of the Ryerson Negotiation Project; David is highly regarded for his substantial, in-depth experience in both the private and public sectors, at both the national and international level. He has engaged in business activities throughout Canada and the United States, as well as Australia, China, Japan, Sweden, Israel, Thailand, the United Arab Emirates, and Barbados, to name but a few.

Contributor's Profile

W. Michael G. Osborne

W. Michael G. Osborne

Affleck Greene McMurtry LLP

Michael is a respected and practised litigator who acts for and advises parties in a wide range of competition matters, a variety of commercial disputes, including contractual disputes, shareholders' disputes, commercial fraud, and employment matters, and also in administrative law and constitutional issues. Michael has been admitted as a Fellow of the Chartered Institute of Arbitrators (UK). Michael is a frequent contributor to newsletters published by the ABA's Anti-trust Section, The Litigator and often quoted by The Financial Post, The Lawyer's Weekly, Lexpert Magazine and other publications of interest to the legal community.

Contributor's Profile

AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR LIVE

Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com
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