Results 1 to 5 of 7

What's Done is Done: Alberta Court of Appeal Declines to Unwind Arrangement Transaction Despite Errors in Approval Process

Canada - February 1 2023 Despite finding a clear error resulting in warrant holders being deprived of meeting and voting rights under a court-approved plan of arrangement…

Scott H. D. Bower, Katherine J. Fisher, Michael P. Theroux

Double Vision: Alberta Court of Appeal Confirms Double Costs Follow Formal Offer in Interlocutory Appeal

Canada - November 28 2022 Awarding double costs on appeals following a formal offer to settle encourages parties to resolve claims quickly among themselves and at the least…

Justin Duguay, David R. McKinnon, Chelsea Tolppanen

The Supreme Court of Canada Rules on Intersection of Insolvency and Arbitration Law

Canada - November 10 2022 On November 10, 2022, the Supreme Court of Canada (SCC) issued its much-anticipated decision in Peace River Hydro Partners v Petrowest Corp, 2022 SCC…

Kelsey J. Meyer, Adam J. Williams

Entire Agreement Clause and Due Diligence Cannot Oust Fraudulent Misrepresentation

Canada - November 8 2022 The defence of misrepresentation is still alive in circumstances involving entire agreement clauses and opportunities for due diligence, the Ontario…

Scott H. D. Bower, Josephine Bulat, Preet K. Gill

Drawing Plausible Inferences on Limitation Period Questions: The SCC Articulates the Test for Discoverability

Canada - August 11 2021 A claim is "discovered" (and therefore the statutory limitation period ordinarily begins to run) when a plaintiff has actual or constructive…

Joan Bilsland, Scott H. D. Bower, Preet K. Gill