One of the more common contract disputes I see in my practice is a failed real estate transaction. Typically, there are three reasons why a deal may collapse: Default or breach of contract, Misrepresentation, and Frustration. Default A default or breach of contract usually occurs when either the buyer or seller is unable to complete...
The range of remedies available to an aggrieved shareholder are virtually unlimited. The BC Business Corporations Act contains an extensive list that includes: Directing or prohibiting any act, Regulating the conduct of the company’s affairs, Removing a director, Requiring the company to purchase a shareholder’s interest, Setting aside a resolution or transaction, Compensating an aggrieved...
If you become involved in a dispute among shareholders, there are numerous options to pursue a satisfactory resolution. To some degree, which options are available will depend upon the Articles and By-Laws of your company, and whether there is a Shareholders’ Agreement governing the relationship among shareholders. Most Shareholders’ Agreements will include a mechanism for...
Most businesses begin as closely held operations, with a few principals owning all the shares and holding key positions. Frequently these businesses are established by friends and family, and little thought is given to the prospect that their interests may one day diverge. When disputes arise, not only do they threaten long-standing relationships, they can...
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