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Sandbagging in Good Faith: How Bhasin v Hrynew Can Impact Indemnification for Known Breaches
  • McCarthy Tétrault LLP
  • Canada
  • November 28 2016

In the context of a merger or acquisition, a vendor may unknowingly make untrue representations about the target business. “Sandbagging” occurs when a

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

InterOil and heightened judicial scrutiny of plans of arrangement
  • Dentons
  • Canada
  • November 22 2016

A recent decision of the Yukon Court of Appeal (comprised of justices of the British Columbia Court of Appeal) has confirmed the importance for

Plan of Arrangement: A Vote for All? Not So, Says Court of Appeal
  • Blake Cassels & Graydon LLP
  • Canada
  • November 30 2016

In Smoothwater Capital Corporation v. Marquee Energy Ltd. (Smoothwater), the Alberta Court of Appeal (Court) overturned the Alberta Court of Queen's

Baseload: Current Topics in the Power and Energy Markets
  • Hunton & Williams LLP
  • Canada, Japan, USA
  • November 22 2016

In the past several years, the Power and Energy Capital Markets group at Hunton & Williams has seen a pronounced increase in M&A activity in the

Court-approved arrangements revisited: Alberta Court of Appeal hits potential curveball from Marquee Energy Ltd. out of play
  • Gowling WLG
  • Canada
  • November 30 2016

The Alberta Court of Appeal has overturned a controversial decision of the Alberta Court of Queen's Bench regarding court-approved arrangements in

Marquee Energy Ltd.'s Successful Appeal: Shareholder Vote From Alberta Oilsands Inc. Not Required
  • Borden Ladner Gervais LLP
  • Canada
  • November 28 2016

We previously reported on the Marquee Energy Ltd (Re), 2016 ABQB 563 Re Marquee judgement in our prior post, "Future Uncertainty in Plans of

CETA paves the way for Investment Court System
  • Hogan Lovells
  • Canada, European Union, Global
  • December 6 2016

After seven years of negotiations, the European Union (EU) and Canada signed the Comprehensive Economic and Trade Agreement (CETA) on 30 October 2016

InterOil Decision - Implications for Fairness Opinions, Disclosure and Corporate Governance in Sale Transactions
  • Osler Hoskin & Harcourt LLP
  • Canada
  • November 18 2016

In a decision PDF with potentially significant implications for current market practice with respect to fairness opinions, disclosure and corporate

Supreme Court of Canada Bulletin - November 21, 2016
  • Gowling WLG
  • Canada
  • November 21 2016

On appeal from a judgment of the Quebec Court of Appeal (2014 QCCA 1515), affirming a decision of Poirier J. (2012 QCCS 1640