Insights
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When an Oral Agreement to Issue you Shares is not performed
You Were Promised Shares but Never Received Them. What You Can Do About It. Summary: Under Section 266(3) of the Ontario Business Corporations Act (OBCA), corporate minute books are presumed accurate regarding share ownership. However, as demonstrated in Dhaliwal v. Cheema (2025 ONSC 382), unlisted shareholders can overcome this presumption and prove beneficial ownership by…
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The Oppression Remedy and Reasonable Expectations
Disputes among corporate stakeholders happen. The oppression remedy is an equitable remedy that parties often rely upon to protect their interests when corporate stakeholder disputes arise[1]. General Template for Oppression Remedy Litigation The oppression remedy seeks to ensure fairness and gives a court broad equitable jurisdiction to enforce interests that are both legal and fair.[2]…
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Directors’ Duties in Ontario
People have a business idea. They plan, organize, obtain funding, and decide to incorporate a company to pursue that business idea. When the company is incorporated, it must have at least one director[1]. The person agreeing to act as a director, immediately assumes important responsibilities and duties whether they realize it or not. Understanding what…
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Creating Enforceable Contracts in Difficult Times
Contract Negotiations We focus our blog on everyday issues affecting our clients. These are difficult times to say the least. The Covid-19 pandemic is paramount on most peoples’ minds because it is affecting the health, safety, and economic success of small businesses and the population at large. Companies must adapt in unprecedented fashion. They must…
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Criteria for Contingency Fee Arrangements in Commercial Litigation
NP Litigation is open in terms of its fee arrangements, but the specific arrangement must make sense for both the firm and the client. We operate predominantly with standard hourly rates and where required we also provide estimates for the phases in the litigation, capped fees, and fixed-fee structures. We also selectively enter into Alternative…