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When abuse is alleged in the corporate context, the rights of shareholders and other interested parties hinge on the remedies at their disposal. Identifying, selecting and implementing the appropriate remedy is vital to a satisfactory outcome. For the savvy practitioner, Shareholder Remedies in Canada, 2nd Edition is an essential part of that process.
Features
Detailed critique of statutory remedies available to stakeholders operating federally and in all CBCA-styled provincial jurisdictions - each remedy, together with its underlying statutory authority, is identified, examined and explained
A thorough review of all significant judicial decisions - provides a time-saving summary of what the cases say and how they impact your client's position
Convenient chart summarizing all significant Canadian oppression remedy cases from 1952 to the present
Table of concordance linking all companies acts across Canada
Table of statutory offences listing offences, defences and penalties created by companies legislation
Plus extensive attention to:
Standing and costs
The oppression remedy
Derivative actions
Plans of arrangement and squeeze-out transactions
Appraisal remedies and winding-up
The law relating to receivers and auditors in the oppression context
Getting access to corporate information
Rectification, restraining and compliance orders
Proxy circular misrepresentations
Shareholder proposals
Coverage includes:
A chapter providing in-depth coverage of compulsory acquisitions - those corporate transactions in which security holders' interests may be forcibly acquired or compromised, namely, "plans of arrangement" and "squeeze-outs". The chapter outlines the procedural safeguards and remedies that have been developed in corporate legislation, securities regulation and the common law intended to ensure the fairness of such transactions and to guard against abuse of minority shareholders in this context
The chapter on standing incorporates new developments with regards to creditors
The chapters on share valuation, derivative actions, oppression remedy and winding up keep readers informed of the most salient and recent developments
A Valuable Tool for Success
Make Shareholder Remedies in Canada, 2nd Edition your first stop on the way to a successful resolution of your client's file.