Insights
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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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Contingency Fee Arrangements for Business Litigation
At NP Commercial Litigation, we prefer alternative fee arrangements rather than hourly billing. This includes contingency fee arrangements for business related litigation[1]. So, what is a contingency fee arrangement? Nature of a Contingency Fee Agreement. Contingency fees are payments made to a lawyer that are calculated based on an agreed upon percentage of the ultimate…
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Is the Payment a Deposit or Part-Payment?
Parties negotiate a contract, agree to terms, and one party (the buyer) pays an amount of money to the other (the seller). I did not define the nature of the money paid because the definition given to that payment impacts what happens following a breach[1] of contract. The Difference between a Deposit and Part-Payment. Generally,[2]…