LexisNexis

LEGAL UPDATES – MAY 2019, ISSUE 1

 

Review commentary on recent cases by area of practice. 


CORPORATE

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)


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)


FINANCE

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)


SECURITIES

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)


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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