Counsel to project managers in an arbitration to determine their compensation for overseeing a large multi-building condominium development. Obtained a highly favourable settlement on eve of hearing enabling clients to purchase the entire property. Issues: Independent business valuation Contractual interpretation Constructive trust and the duty of good faith
Successful trial for the ownership and valuation of shares in a closely held corporation. Both parties asserted that the corporate minute book was inaccurate. Our client argued that the shareholder registry had not been updated to reflect her 50% ownership interest; the opposing shareholder asserted that the minute book failed to show that preferred shares had been issued on a 50-50 basis but was accurate in showing that our client…
Obtained highly favourable settlement on behalf of a client against a brokerage that had permitted the client’s estranged spouse to deplete hundreds of thousands of dollars from her RRSP and investment accounts without authorization. Issues: Professional negligence Breach of contract Fiduciary duty to investor Contract law
Issues: Injunction Ex-parte motion Breach of fiduciary duty
Successful resolution following the commencement of an application for leave, stay and judicial review under the Immigration and Refugee Protection Act in respect of a decision by Service Canada to impose an administrative monetary penalty and a permanent ban on the client’s ability to hire temporary foreign workers. Matter settled out of court in the client’s favor. Issues: Exercise of administrative discretion Duty of fairness
Successful “show cause” hearing to overturn a Ministry of Finance denial of a raw leaf tobacco registration certificate, enabling the farmer to commence operations. Issues: Administrative law Procedural fairness
Issues include: directors and officers liability; self-dealing; negligence; oppression; and misrepresentation in contractual formation.
Issues included: Regulatory non-compliance; Insolvency, Secured lending and priorities; and, Doctrine of good faith and fair dealing.
Negotiated settlement of an application to remove estate trustees, enabling the trustee clients to continue to serve. Issues: Estates law Law of trusts Exercise of trustee discretion
