Alastair McNish of CP LLP was successful on a motion for summary judgment to enforce a promissory note given by a shareholder as part of a share purchase agreement. The case was unusual in that the parties had willingly negotiated a complicated – and extreme – set of interest provisions, whereby if the note was not repaid quickly, interest compounded and escalated rapidly. The Court accepted expert evidence on the…
Michael Crampton of CP LLP successfully brought a motion to discharge a certificate of pending litigation (“CPL”) registered without notice by the opposing party against a residential property out of which CP LLP’s client operated a bed and breakfast. The court found that the opposing party that registered the CPL had failed to make full and fair disclosure on his initial motion and did not have a reasonable claim to…
Overcame defaulting borrower’s attempts to delay, and obtained summary judgment for possession of the property and the full amount our client was contractually entitled to.
Claim commenced to enforce the terms of an agreement after the purchaser of a book of business from an investment advisor sought to reduce the purchase price. The matter was converted to an arbitration and concluded with a highly favourable award for our client.
Daniel Chitiz and Michael Crampton of CP LLP successfully represented the defendant vendor in Gil Shcolyar v. Bensher Holdings Limited, 2025 ONSC 2205. The court dismissed the purchaser’s action to compel the vendor to sell its land after the purchaser failed to close the transaction. We also obtained a declaration that the vendor is entitled to retain the deposits.
Oppression Director liability Limitations periods
Successfully responded to an appeal in the Alberta Court of Appeal (Export Development Corporation v MNP Ltd, 2025 ABCA 25 (CanLII)). The appellant sought to set aside the court at first instance’s decision to assign claims under an insurance contract to a creditor over the insurers objection. Michael had the opportunity to share his unique insights in the legal magazine, Take Five Alberta (Feb 2025). “More than anything else,” says…
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
