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 AmeryOctober 07 2019
    LitigationCreditors 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 2016), “A Brief Overview of the Oppression Remedy” (April 2017), “Director Liability in Oppression Actions” (August 2017), “Liquidation and Dissolution of a Corporation as a Remedy for an Aggrieved Shareholder” (February 2018). This article discusses the application of the oppression remedy to the creditors of a corporation.

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  • Mo Headshot (1)By Mohamed AmerySeptember 19 2019
    LitigationA 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 Criminal Code offence, therefore, are the actus reus (the guilty act) and the mens rea (the guilty mind). However, a “regulatory offence” is quasi-criminal in nature. Many provincial statutes contain regulatory offences, of which there are two types: absolute liability offences and strict liability offences. The standard for proving culpability of an accused person is lowered through the partial or total removal of the mens rea requirement.

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  • 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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