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Corporate law 2023 BCSC 1823

Allard v. Allard

The court found justifiable lack of confidence and persistent deadlock in a family business dispute, invoked liquidation under s. 324(1)(b), and appointed a liquidator.

  • Just and equitable winding up
  • Deadlock between equal shareholders
  • Buy-sell agreement
  • Forensic audit and information asymmetry
  • Remedies under s.227(3)
  • Just-and-equitable-winding-up
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Civil 2019 ONCA 24

Lee v. Choice Bank Limited

The court proceeded on the written record despite counsel's lack of instructions, found no basis to interfere with the motion judge's decision, dismissed the appeal and awarded costs to the respondent in a fixed sum.

  • Appeal procedure
  • Costs
  • Proceeding without client instructions
  • Judicial deference
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Mortgage law [1996] 1 SCR 183

Helo Enterprises Ltd. v. Standard Trust Co. (Liquidators of)

The Supreme Court of Canada dismissed the appeal, holding that broker’s fees paid by mortgagors were not interest and were excluded from the criminal interest calculation.

  • Broker's fees
  • Definition of interest
  • Void mortgage and participation agreements
  • Calculation of interest rate for criminality
  • Priorities and hypothecs
  • Mortgage-law
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Conflict of laws [1961] SCR 566

Regas Ltd. v. Plotkins

La Cour suprême du Canada rejette l’appel et confirme que l’action pouvait être maintenue en Saskatchewan, la question des parties étant procédurale et régie par le lex fori.

  • Assignment of choses in action
  • Lex fori vs lex loci/lex domicilii
  • Statutory assignment and notice
  • Standing and proper parties to sue
  • Interest on account
  • Assignment-of-choses-in-action
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Insurance law [1932] SCR 581

Caledonian Insurance Co. v. Edmonton Terminal Grain Co. (Liquidator of)

The Supreme Court of Canada held that a liquidator could recover on fire policies after selling the property, because the sale terms impliedly required the policies to be held for the purchasers' benefit.

  • Insurable interest
  • Assignment of insurance policies
  • Statutory conditions (insurance)
  • Equitable trust/holding policies for purchasers
  • Vendor purchaser risk and completion
  • Insurance-law
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Contract (1920) 60 SCR 650

Cochrane v. Schetky

Appeal dismissed in a fraud-based rescission dispute over promissory notes transferred between related companies under common control.

  • Rescission for fraud
  • Transfer of company assets
  • Wrongful possession of negotiable instrument
  • Control and related-party transactions
  • Fraud
  • Rescission
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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.