LEGAL UPDATES – MAY 2019, ISSUE 1
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Review commentary on recent cases by area of practice.
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CORPORATE
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Alharayeri v. Wilson, [2018] O.J. No. 5876
After the plaintiff obtained judgment against the defendant director of a corporation in an oppression action, the plaintiff was able to collect the judgment from the corporation since the corporation was obligated to indemnify the director. Subtopic: Criteria for Indemnification Commentary: Canada Corporations Law Reporter (see paragraph 6865)
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Brar v. Brar, [2018] M.J. No. 232
The oppression remedy is not available for a personal breach of contract dispute between shareholders. Subtopic: Personal Contract Disputes Commentary: Canada Corporations Law Reporter (see paragraph 9590)
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FINANCE
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B&M Handelman Investments Ltd. v. Drotos, [2018] O.J. No. 3406
The Ontario Court of Appeal sets out how to properly interpret appeals of right under section 193(b) of the Bankruptcy and Insolvency Act. Subtopic: Bankruptcy and Insolvency Commentary: Debtor/Creditor – Canadian Forms & Precedents (see paragraph 25-31)
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SECURITIES
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Reference re Pan-Canadian Securities Regulation, [2018] S.C.J. No. 48
The Supreme Court of Canada found that a proposal for a national cooperative capital markets regulatory system was constitutional. Subtopic: Jurisdiction Commentary: Canadian Securities Law Reporter (see 2019 CSLR para. 900-761)
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R. v. Tewolde, [2019] A.J. No. 446
The Alberta Provincial Court provides a succinct overview of the proportionality principle and totality as well as the parity principle. Subtopic: Sentencing Commentary: Ontario Court Forms: Williston & Rolls, 3rd Edition (see paragraph 15-16)
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