Failure to register share transfer doesn’t mean that it didn’t happen: Supreme Court of Canada denies oppression remedy claim
The Supreme Court of Canada in Mennillo v. Intramodal Inc. held that a small, closely held corporation’s failure to comply with some of the requirements under the Canada Business Corporations Act (CBCA) before registering a share transfer was not in and of itself oppressive conduct prohibited by the CBCA’s oppression remedy at Section 241. Facts Intramodal was a two-person privately-held road transportation company established by Johnny Mennillo and Mario Rosati in 2004. Before Intramodal was incorporated, Mennillo and Rosati agreed upon their roles in the company by way of a handshake. Rosati would contribute his skills to the business and ... [more] Full article
Ontario: an arbitration-friendly jurisdiction, Court of Appeal confirms
Ontario remains an arbitration-friendly jurisdiction, the Ontario Court of Appeal has confirmed in its recent decision in Haas v. Gunasekaram. In overturning a motion judge’s refusal to stay proceedings under ... [more] Full article
Shotgun Clause Robs Shareholders of $750k
The BC Court of Appeal has upheld an arbitrator’s finding that triggering a shotgun clause terminated the selling parties’ interest in a joint venture, thereby eliminating their entitlement to an ... [more] Full article
Shareholder spat leaves plaintiffs with no remedy, and an order to pay $2.7 million in costs
The case of Harris v. Leikin Group Inc. provides another illustration of the messy, and costly, fallout that can occur when there is a dispute within a successful family business. [more] Full article
Shareholder Litigation Contributors
Kenneth A. Dekker
Kenneth (Ken) Dekker, a partner of the firm, is a successful trial and appellate lawyer who is valued by his clients as a resourceful and practical litigation counsel. With more than two decades of experience, Ken has appeared before all levels of courts in Ontario, including the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada.
Meredith Hayward
Meredith has earned an impressive reputation for her skill and abilities in Commercial Litigation and Administrative Law, appearing at all levels of court in Ontario, before the British Columbia Court of Appeal, and before the Supreme Court of Canada.
Masiel A. Matus
Masiel Matus consistently demonstrates strong knowledge and ability in the areas of commercial litigation, class action defence, employment and competition law. Masiel has provided diligent case management and litigation support in several complex litigation trials, making her a trusted and valued member of the Affleck Greene McMurtry LLP team.
David N. Vaillancourt
David Vaillancourt, a partner of the firm, focuses his practice expertise on Commercial and Civil Litigation, Competition and Administrative Law. David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence/intellectual property disputes, fidelity bond claims, and professional negligence claims. He has appeared before all levels of court in Ontario, including the Court of Appeal for Ontario, and has also appeared before the Competition Tribunal and the Federal Court of Appeal.
