Disputes between shareholders involving disagreements between the shareholders of a company that amount to oppressive conduct and/or a violation of the respective statutes or shareholder agreements.
These types of issues broadly encompass:
- A disagreement over the direction of the corporation.
- Financial mismanagement.
- A breach of various duties the law has defined and imposed on shareholders. In essence, obligations that they have to meet but have not met.
- Decisions that are oppressive, unfairly prejudicial, or unfairly disregards the shareholder/officer/director or interested 3rd party’s interests.
- Deadlock between shareholders in terms of the operations and direction of the corporation.
Director and Officer Corporate Disputes.
These disputes are often related to shareholder disputes. The difference between the two is that the shareholders are the actual owners of the corporation, while the directors are the ultimate decision makers for the corporation. The officers are generally the persons responsible for the day to day operations of the corporation.
Contracts govern the lives of business, and relationships among businesses. Contracts arise within the business, for example with suppliers, consumers, clients etc. They also arise during the formation of the business venture, such as Joint Venture Agreements, Non-Disclosure Agreements, Limited Liability Agreements, Funding Agreements, Share subscription Agreements etc.
Commercial Leasing Disputes.
These disputes usually center around the performance of obligations and duties under the commercial lease as well as those duties provided for under the Commercial Tenancies Act.
Real Estate Litigation.
Land disputes and commercial real estate deals that either fail to close or have issues related to the actual closing. Often, one of the parties to the dispute requires obtaining a Certificate of Pending Litigation in order to preserve their rights in the transaction.
Injunctions are powerful, extraordinary relief. They either require a party to do something (Mandatory Injunction) or prohibit a party from doing something (Prohibitory Injunctions). Pursuing these remedies involves a detailed analysis of the issues, facts and law involved in the dispute.
Business Torts/Economic Torts are certain improper actions committed against a business resulting in losses, both current and projected, of business profits.
There are different types of Business Torts:
- Civil Fraud
- Inducing Breach of Contract
- Civil Conspiracy
- Injurious Falsehood
- Breach of Confidence
- Interference with economic relations by the use of unlawful means