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Results: 1-10 of 67

No Changes to Arrangements: Alberta Court of Appeal Upholds Directors' Choice of Transaction Structure in Merger of Marquee Energy Ltd. and Alberta Oilsands Inc.
  • McMillan LLP
  • Canada
  • January 6 2017

On November 15, 2016, the Alberta Court of Appeal overturned1 a lower court decision that would have required Alberta Oilsands Inc. (“AOS”) to


Hecla DecisionThe British Columbia Securities Commission Continues to Narrow the Use of the Public Interest Power
  • McMillan LLP
  • Canada
  • December 9 2016

On October 24, 2016, the Ontario Securities Commission (OSC) and British Columbia Securities Commission (BCSC, together with the OSC, the


Court of Appeal Overturns Approval of US$2.3 Billion Merger Between InterOil and ExxonMobil
  • McMillan LLP
  • Canada
  • December 2 2016

On November 4, 2016, the Court of Appeal of Yukon (comprised of three justices of the British Columbia Court of Appeal) unanimously overturned a lower


New SCC Decision on Oppression Remedy is Instructive for Closely-Held Private Companies
  • McMillan LLP
  • Canada
  • November 25 2016

In Johnny Mennillo v. Intramodal Inc. (2016 SCC 51), the Supreme Court of Canada (“SCC”) has ruled that the failure of a company to follow formalities


Ontario court makes observations on purpose of fairness opinions in the context of plans of arrangement
  • McMillan LLP
  • Canada
  • April 9 2014

A recent decision of Justice Brown of the Toronto Commercial List Court provides a good reminder of the role of both fairness opinions and the Court


Break fees and take over bid defensive tactics the BCSC Aurizon decision
  • McMillan LLP
  • Canada
  • October 9 2013

The British Columbia Securities Commission (the "BCSC") released the full reasons for its decision regarding the application by Alamos Gold Inc


Critical suppliers: court re-confirms the law regarding payment of pre-filing obligations
  • McMillan LLP
  • Canada
  • September 13 2012

The Ontario Superior Court of Justice has recently re-confirmed that a debtor subject to proceedings under the Companies' Creditors Arrangement Act may be authorized to pay pre-filing obligations owed to a critical supplier


TCC rules on taxation of break fees
  • McMillan LLP
  • Canada
  • July 31 2012

In the recent decision Morguard Corp. v R., 2012 TCC 55, the Tax Court of Canada ("TCC") considered the proper tax treatment of a break fee in the hands of a recipient as a result of a failed takeover bid


Defensive tactics public interest powers of securities regulatory authorities continue to evolve the Fibrek decision
  • McMillan LLP
  • Canada
  • May 25 2012

In what has been one of the most litigated and acrimonious takeover bids of the past year, the Bureau de décision et de révision (Québec) exercised its public interest discretionary power to cease trade the issuance of shares by Fibrek Inc. to a "white knight"


Year in review: lessons for acquirors
  • McMillan LLP
  • Canada
  • February 1 2010

The past year has seen a number of important judicial and regulatory decisions arising from transactions attempted despite the credit crisis, or as a result of it - in an attempt to take advantage of lower valuations or the inability to access capital