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.

  • Mo Headshot (1)By Mohamed AmeryApril 24 2018
    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 contract”) with the other party (the “promisee”) by procuring a letter of credit (“LOC”) from a bank.  The LOC would stipulate that a certain amount of money is to be released by the bank to the promisee/beneficiary if the promisor defaults in the underlying contract.  There would therefore be two different relationships at play: 1) that between the promisor and promisee in the underlying contract and 2) that between the bank and the beneficiary under the LOC.

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  • Mo Headshot (1)By Mohamed AmeryMarch 05 2018
    LitigationForcing 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.  

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  • Mo Headshot (1)By Mohamed AmeryFebruary 26 2018
    LitigationLiquidation and Dissolution of a Corporation as a Remedy for an Aggrieved Shareholder

    In the recent past, I wrote about the oppression remedy.  See “A Brief Overview of the Oppression Remedy” (April 2017) and “Director Liability in Oppression Actions” (August 2017).  Those articles serve as a helpful, but not necessary, lead-in to this article, which focuses on an alternative way by which an aggrieved shareholder may wish to exit an incorporated business absent oppression or shareholder agreement terms that may be utilized.  On that latter topic, have a look at my articles on “shot-gun” clauses, “Shot-Gun Clauses: Important but Draft Carefully and Use with Care” (July 2017), and on rights of first refusal, “ROFR Rights and Obligations” (October 2017). 

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  • Mo Headshot (1)By Mohamed AmeryDecember 20 2017
    LitigationEnforcing a Settlement Agreement

    This brief article focusses on how a party may enforce a settlement agreement. However, the principles cited here are largely applicable whether one is enforcing a settlement or any other type of deal.

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  • Mo Headshot (1)By Mohamed AmeryDecember 18 2017
    LitigationThe Elements of a Partnership

    This article provides an overview of the current state of partnership law and highlights the elements that form that type of business association.

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  • Mo Headshot (1)By Mohamed AmeryOctober 30 2017
    LitigationThe Civil Search Warrant

    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 served.  In certain circumstances, however, a plaintiff may seek a civil search warrant to seize and obtain the defendant’s records even before the latter party has notice of a claim against it. This extraordinary tool is referred to in legal parlance as an “Anton Pillar order”, named after a British case of the same name. The Anton Pillar order has been a fixture in Canadian jurisprudence for over 3 decades.

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