What these disputes usually involve
Corporate disputes turn on the documents that govern the relationship (articles, by-laws, shareholder or partnership agreements, and commercial contracts) and on the conduct of the people involved. We act in:
- shareholder disputes and oppression claims under the Business Corporations Act (Ontario) and the Canada Business Corporations Act;
- claims that a director, officer or partner breached a fiduciary duty;
- partnership and joint venture breakdowns;
- buyouts and disputes about the value of an interest in a business; and
- contract disputes between businesses, including supply, services, distribution and loan agreements.
How we approach a business dispute
- Understand the business at stake. What the client wants for the business, not only the claim, shapes the strategy.
- Review the governing documents and the record of what was done and decided.
- Weigh the options. A negotiated buyout, mediation, an application or an action each carries different costs, timelines and risks.
- Protect what needs protecting. Where assets, records or customers are at risk, we consider urgent relief.
Remedies a court may grant
- Orders under the oppression remedy, which gives the court broad powers to rectify unfair conduct
- An order that one party buy the other’s shares at a value the court sets
- Damages, and accounting for profits, for breach of fiduciary duty
- Injunctions restraining harmful conduct or preserving assets
- Damages for breach of contract, or an order enforcing the contract
- In some cases, the appointment of an inspector or receiver, or the winding-up of a company