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15 Feb

Oppression claim for pre-shareholder conduct against directors and officers allowed to stand

Tuesday, February 15, 2022Stephen A. Thiele, Howard WolchLitigationRules of Civil Procedure

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The Rules of Civil Procedure permit a court to strike a claim on the grounds that it discloses no reasonable cause of action. In general, the Court applies a “plain and obvious” test...

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22 Dec

Distribution under ambiguous disposition provision in Will made on a per stirpes basis

Wednesday, December 22, 2021Stephen A. Thiele, Howard Wolch, Lindsay Ann Histrop, Eli BordmanLitigationWills, Interpretation

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A Last Will and Testament is an important document that, among other things, permits the smooth distribution of a person’s estate after his or her death. It is, of course,...

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26 Aug

Court finds 500% “penalty” clause enforceable

Thursday, August 26, 2021Stephen A. Thiele, Howard WolchLitigationContract Law, Breach of Contract

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In the law of contracts, a penalty is the payment of a stipulated sum on the breach of the contract, irrespective of the damage sustained. In general, where the penalty is...

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30 Jul

Stay refused: Ontario court rules arbitration clause in international commercial contract inoperative

Friday, July 30, 2021Stephen A. Thiele, Howard WolchLitigationArbitration

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Courts are not the only place where parties can have their civil disputes resolved. Parties can mutually agree to have their disputes resolved by a mediator or by...

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