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December 2nd, 2016

The SCC Reconsiders Shareholder Oppression Under the CBCA

In Mennillo v. Intramodal inc.1, the Supreme Court of Canada considered whether a corporation’s non-compliance with the corporate formalities of the Canada Business Corporations Act (“CBCA”) can constitute shareholder oppression. The claimant, Mr. Mennillo and his associate Mr. Rosati were together the sole shareholders and directors of Intramodal, a small privately run company. Upon Mennillo’s […]
Publications
December 1st, 2016

Skiing Accidents: Is There Always Someone Responsible?

Each year, once the snow begins to fall, legions of skiers hit the slopes seeking thrills, chills and an escape from late-autumn ennui. Unfortunately, sporting activities such as this involve inherent risks that occasionally result in accidents, some of which give rise to lawsuits. The thorny issue then is: Who is responsible, and to what […]
Publications
November 29th, 2016

Replacing a Contractor's Key Employees During a Project and the Penalties for Doing So: How to Reduce the Risks?

Some public-sector entities that award construction contracts are now imposing penalties of up to $100,000 in cases where key employees designated in a contractor’s bid (e.g. project manager, superintendent) are replaced without authorization while the project is ongoing. Being bound by such an obligation can have serious, even fatal, consequences for contractors in a highly […]