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British Columbia Court of Appeal permits hedge fund to requisition a shareholder meeting despite concerns of empty voting

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • October 24 2012

On October 12, 2012, the British Columbia Court of Appeal released its decision in Telus Corporation v. Mason Capital Management LLC, 2012 BCCA 403, overturning a lower court decision invalidating a shareholder requisition for a shareholder meeting

Private company oppression remedies now on sale in Ontario

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • July 4 2012

In a surprising ruling from Ontario’s highest court, the Ontario Court of Appeal has held that a shareholder, in selling his shares in a private company to a third party, may also sell any of his outstanding oppression remedy claims with those shares

Good news for issuers: court holds firm on limitation period for prospectus misrepresentation

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • April 8 2011

On March 21, 2011, the Ontario Superior Court of Justice released an important decision on whether there is flexibility in extending the limitation period applicable to claims of prospectus misrepresentation under section 130 of the Ontario Securities Act (the "OSA"

Don’t hold back: proxyholders’ discretion not fettered by instructions to “WITHHOLD” (January 2011)

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • January 26 2011

Does a proxyholder have any discretion to cast a vote when a proxy voting ballot provides an instruction to "WITHHOLD"?