Insights

The practice of law is changing every day, and the effect of changing legislature on businesses is significant. We write about recent developments in the world of tax & business law, keeping a watchful eye on the changing landscape for our clients. See what we’re thinking about, and what your business should be looking out for.

Litigation

Invoice Interest: The Alberta Court of Appeal provides a warning to suppliers

Suppliers who incorporate interest provisions into their invoices should take heed of the Alberta Court of Appeal’s decision in H2S Solutions Ltd. v Tourmaline Oil Corp., 2019 ABCA 373. In...

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Litigation

Creditors and the Oppression Remedy

We have written a series of articles about the oppression remedy and its application to the shareholders of a corporation. See “Business Judgment and the Fair Treatment of Shareholders” (July...

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Litigation

A Primer on Regulatory Offences

Criminal law is premised on the notion that “an act does not make a person guilty unless the mind is also guilty”. The two components that make up a true...

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Litigation

Letter of Credit Security and the “Autonomy Principle”

In commerce, parties often provide security in the form of letters of credit. A party (the “promisor”) may provide security for performance of its obligations under a commercial transaction (“underlying...

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Litigation

Forcing an Opposing Party to Take Urgent Action before Trial

There are essentially two types of interlocutory (pre-trial) injunctions: 1) a prohibitive injunction and 2) a mandatory injunction. The former is an order for a party to refrain from doing...

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Litigation

Liquidation and Dissolution of a Corporation as a Remedy for an Aggrieved Shareholder

Click here to view in PDF. In the recent past, I wrote about the oppression remedy.  See “A Brief Overview of the Oppression Remedy” (April 2017) and “Director Liability in...

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Litigation

Enforcing a Settlement Agreement

Click here to view in PDF. This brief article focusses on how a party may enforce a settlement agreement. However, the principles cited here are largely applicable whether one is...

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Litigation

The Elements of a Partnership

Click here to view in PDF. This article provides an overview of the current state of partnership law and highlights the elements that form that type of business association. A...

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Litigation

The Civil Search Warrant

Click here to view in PDF. Almost always, a civil plaintiff has a chance to review a defendant’s records only after the statements of claim and defence are filed and...

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Litigation

ROFR Rights and Obligations

Click here to view in PDF. A right of first refusal (“ROFR”) provision as found in shareholder agreements requires a shareholder intending to sell their shares to first offer them...

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