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Wills and estates 2024 ONCA 117

Husack v. Husack

The Court held that the Unanimous Shareholders Agreement, read as a whole and in the context of the holding company's estate purpose, plainly and validly waived any dissent rights that would have been triggered by the proposed sale, liquidation and winding up; that interpretation was consistent with the USA's express clauses and the Articles and was entitled to deference under Sattva, and therefore the appeal was dismissed.

  • Dissent rights under obca
  • Unanimous shareholders agreement interpretation
  • Waiver of statutory rights
  • Winding up and liquidation
  • Oppression remedy
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Corporate law 2022 BCSC 2317

Walters v. Pareto Platform Inc.

The court ordered Pareto Platform Inc. to call an annual general meeting and provide overdue audited financial statements for 2018 to 2020, with costs to the petitioner.

  • Annual general meeting
  • Provision of financial statements
  • Directors' and corporation obligations
  • Court-ordered compliance
  • Costs
  • Annual-general-meeting
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Corporate law 2019 BCSC 1416

Boulet v. Inventys Thermal Technologies Inc.

The court dismissed Andre Boulet’s oppression petition against Inventys, holding the nominations issue was barred by a release and limitation period, and that no oppressive conduct was proven.

  • Oppression remedy
  • Shareholders' agreement interpretation
  • Director nominations
  • Dissent rights (s.190 cbca)
  • Limitation act issues
  • Settlement agreement (release)
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Corporate law 2017 BCSC 1813

Tracey v. Gokturk

The court declined to interfere with the shareholder meeting process in a corporate deadlock, but ordered Payfirma to provide shareholder email addresses and phone numbers.

  • Deadlock
  • Proxy solicitation
  • Shareholder meeting requisition
  • Directors' duties (s.122 cbca)
  • S.144 cbca
  • S.247 cbca
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Corporate law 2016 BCSC 2273

Jahn v. Jahn Enterprises Ltd.

The court held that multi-year leases of the company’s properties were in the ordinary course of business, so the shareholder dissent petition was dismissed with costs.

  • Dissent rights
  • Ordinary course of business
  • Disposition of undertaking
  • Related‑party transactions
  • Ordinary-course-of-business
  • Shareholder-dissent
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Corporate law 2013 BCSC 652

Harbour v. Barkerville Gold Mines Ltd.

The court dismissed a petition to permit a late director nomination, holding the petitioners were bound by a prior order requiring nominations by March 4, 2013.

  • Director nominations
  • Advance notice policy
  • Enforcement of court order
  • Shareholder meeting procedure
  • Proxy solicitation
  • Director-nominations
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Corporate law 2013 BCSC 700

Li v. Global Chinese Press Inc.

The court ordered Global Chinese Press Inc. to produce audited financial reports for 2009 to 2012, denied a stay, and awarded normal costs to the petitioner.

  • Appointment of auditor
  • Audited financial statements
  • S.155 cbca
  • Access to records
  • Stay pending appeal
  • Costs awards
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Corporate law 2012 BCSC 1582

Mason Capital Management LLC v. TELUS Corporation

The court adjourned Mason’s appeals and ordered they be heard with the Fairness Hearing, holding the arrangement and voting-threshold issues should be dealt with together.

  • Arrangement approval
  • Shareholder meeting procedure
  • Voting thresholds
  • Interim orders
  • Fairness hearing
  • Adjournment and stay
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Corporate law 2012 BCSC 1540

Mason Capital Management LLC v. TELUS Corporation

The court refused to adjourn TELUS shareholder meetings, finding Mason had already solicited shareholders and would not be prejudiced by proceeding on October 17, 2012.

  • Arrangement under business corporations act
  • Adjournment of shareholders' meeting
  • Proxy solicitation and voting
  • Non‑voting shares exchange
  • Shareholder-meetings
  • Adjournment
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Corporate law 2003 BCSC 1637

684733 Alberta Ltd. v. Money's Mushrooms Ltd.

The court held that Class F Preferred Shares had no voting or meeting notice rights, redemption and dividend rights were limited by the CBCA, and liquidation priority favored the plaintiffs.

  • Preferred shares
  • Redemption of shares
  • Dividends
  • Priority on liquidation
  • Interpretation of contracts
  • Oppression remedy
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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.