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Canada Case Law

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Corporate law 2023 BCSC 1567

In the Matter of 0081092 B.C. Ltd., In Liquidation

The court refused to approve a liquidator’s proposed sales process for 0081092 B.C. Ltd. because the evidence was too sparse to assess fairness and price optimization.

  • Liquidation
  • Sales process approval
  • Shareholder oppression
  • Auction sales
  • Asset sale vs share sale
  • Subdivision and redevelopment
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Corporate law 2012 NSSC 75

Jeffrie v. Hendriksen

The court held that the respondents had not rebutted the presumption of prejudice to the applicant from an adjournment and that both parties faced potential prejudice; accordingly the court conditionally granted an adjournment only on strict terms: respondents to pay one half of the cost of expediting transcripts; the matter tentatively set for specific dates between April 2 and May 16, 2012 contingent on another trial not proceeding; and alternative dates to be fixed within six months, with the court to revisit the issue if those dates could not be fixed.

  • Oppression remedy
  • Adjournment of trial
  • Discovery
  • Enforceability of settlement agreement
  • Accounting of profits
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Corporate law 2010 BCSC 1360

Kinzie v. The Dells Holdings Ltd.

Deadlocked shareholders sought winding up or a buyout of Dell Holdings Ltd. The court ordered a shot-gun sale, with an independent manager pending completion.

  • Winding up (just and equitable)
  • Oppression remedies and buyout under s.227
  • Shot-gun sale
  • Share and real property valuation
  • Interim management
  • Shareholder-deadlock
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Corporate law 2002 BCSC 1054

Francisco Gold Corp. (Re)

The court approved Francisco Gold Corp.’s plan of arrangement, finding the disclosure adequate and the proposal fair and reasonable, and it refused an adjournment.

  • Plan of arrangement
  • Disclosure obligations
  • Fiduciary duty and accounting
  • Related party transactions
  • Adjournment and pre-hearing procedures
  • Director conflicts and abstention
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.