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Shareholder Remedies in Canada, 2nd Edition
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When abuse is alleged in the corporate context, the rights of shareholders and other parties hinge on the remedies at their disposal. Identifying, selecting and implementing the proper remedy is vital to a satisfactory outcome, and this book is an essential part of that process.Langue de publication: English
Éditeur: LexisNexis Canada
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.Billing Method: Updates Billed As Issued
PREFACE
TABLE OF CASES
TABLE OF LEGISLATION
CHAPTER 1 INTRODUCTION
CHAPTER 2 STANDING
CHAPTER 3 COSTS
CHAPTER 4 SHARE VALUATION
CHAPTER 5 COURT-ORDERED SHAREHOLDER MEETINGS
CHAPTER 6 PROXY AND PROXY CIRCULAR MISREPRESENTATION
CHAPTER 7 REVIEW OF ELECTION OR APPOINTMENT OF AUDITOR OR DIRECTOR
CHAPTER 8 RECTIFICATION ORDERS
CHAPTER 9 RESTRAINING AND COMPLIANCE ORDERS
CHAPTER 10 DISQUALIFICATION OF AUDITORS AND COURT APPOINTED AUDITORS
CHAPTER 11 ACCESS TO INFORMATION AND RECORDS
CHAPTER 12 INTERESTED TRANSACTIONS
CHAPTER 13 SHAREHOLDER PROPOSALS
CHAPTER 14 APPRAISAL REMEDIES
CHAPTER 15 INVESTIGATIONS
CHAPTER 16 DERIVATIVE ACTIONS
CHAPTER 17 OPPRESSION REMEDY
CHAPTER 18 COMPULSORY ACQUISITIONS: PLANS OF ARRANGEMENT AND SQUEEZE-OUTS
CHAPTER 19 RECEIVERS AND RECEIVER-MANAGERS
CHAPTER 20 WINDING-UP
CHAPTER 21 STATUTORY OFFENCES
APPENDICES
INDEX
