Corporate Cases

Date

November 2001

Plaintiff awarded finder's fee on a quantum meruit basis 

Corporate plan of arrangement did not result in successor liability, including on the basis of unjust enrichment 

  • Imperial Metals Corporation (Re) 2006 BCSECCOM 705 (CanLII)

Dismissal of application to cease trade shareholders rights plan and dismissal of cross-application to restrain take-over bid offeror from taking up securities 

Application under s. 155 of Canada Business Corporations Act to require a dissident to correct a statement in its proxy circular distributed as part of a proxy contest for control of the board of Anormed, a publicly traded, B.C.-based biotechnology company; application granted

Counsel for a director in a claim for shares as an agreed-on bonus for performance

Injunction granted restraining union from using, in breach of confidence and in the course of a labour dispute, information contained in board of directors' materials obtained from Telus surreptitiously and in circumstances capable of establishing theft

Counsel for court-appointed liquidator; judgment staying the protracted, thirty year winding up of a former trust company under the federal Winding Up Act affirmed, appeal allowed in part on terms attached to stay order; only Canadian judgment on the court's power to stay proceedings under the Winding Up Act 

Review application dismissed 2003 BCCA 462] (personal liability for corporate officers ordered added as defendants 

Failure to obtain audit opinion on financial statements when minority shareholder would not consent to waive audit held to be oppressive 

Action for wrongful dismissal and entitlement to shares in a fishing lodge dismissed 

  • Counsel for shareholders, corporations and directors in oppression actions
  • Counsel for a director in defending an action for breach of fiduciary duty arising out of an asset sale

  • Counsel for Washington State companies and their directors in proceedings in B.C. asserting an entitlement to shares; for related proceedings in U.S. District Court, See Dhillon v. BBC Holdings Inc. et al, United States District Court (W.W.D.), Case No. C07-168BHS (unreported)

  • Counsel for a minority shareholder in successfully recovering substantial unpaid dividends

  • Counsel for a minority shareholder in successfully enjoining the payment of dividends and advising on shareholders dispute involving manufacturing operations of a Chinese subsidiary

  • Counsel for aggrieved limited partners

  • Junior counsel for a public company in an action against its former chief executive officer and director for breach of fiduciary duty arising out of a conflict of interest

  • Junior counsel in a proxy contest involving a Yukon Business Corporations Act company

  • Counsel for two fund companies in an action by shareholders for misrepresentation

  • Counsel in proceedings for court approval of indemnification of directors under the B.C. Company Act [now the B.C. Business Corporations Act

  • Counsel in proceedings for court approval of plans of arrangement and amalgamations under the B.C. Business Corporations Act and the Canada Business Corporations Act 
  • Counsel in proceedings for orders rectifying irregular corporate proceedings