This digest highlights a Federal Court of Appeal decision where the Court held that where a registered charity is transferring money or other resources to an intermediary, simply having a written agreement will not necessarily evidence that the charity is exercising direction and control over its own resources.

This post provides an introduction to the process by which new businesses become incorporated in Ontario, including an overview of the applicable legislation, the restrictions on and procedures for incorporation, the requirements for incorporators, and the corporate constitution.

This digest highlights a British Columbia Court of Appeal decision which upheld a lower court’s finding that a hotel manager did not owe a fiduciary to purchasers of the assets of the hotel corporation.

This digest highlights a British Columbia Supreme Court decision where the Court found that a corporation’s deteriorating financial circumstances can impose a heightened duty of disclosure, and held that a director breached his fiduciary duty to the corporation by failing to disclose the expiry of a management services agreement.

This digest highlights a Supreme Court of Canada decision which allowed an appeal from licensing decisions of the Copyright Board, holding that the Board failed to consider the principles of technological neutrality and balance.

This digest highlights a recent Ontario Superior Court of Justice decision where the Court allowed the plaintiff’s action against the defendant’s estate personally, holding that the limited degree of notice provided by the defendant by using the words “transport company” did not create an obligation on the plaintiff to investigate whether he was doing business with a corporation.

This digest highlights a recent Alberta Court of Appeal decision where the Court upheld a lower court’s decision dismissing an oppression application, holding that an expectation based on loss of an opportunity, without proof that such opportunity was more than merely speculative, is insufficient to ground an oppression claim.

This digest highlights a recent Ontario Court of Appeal decision which upheld a lower court decision that a “put-right” option was part of a bilateral contract, and that finding was entitled to deference.

This digest highlights a recent Ontario Superior Court of Justice decision where the Court dismissed an application to strike the plaintiff’s claim, holding that corporate officers could be separately liable if they engaged in tortious conduct independent of the purposes of the corporation.

This digest highlights a recent British Columbia Court of Appeal decision where the Court dismissed an appeal from an application allowing a director to bring a derivative action, finding that whether the derivative action was in the best interests of the company was a matter properly determined at trial.

This digest highlights a recent Federal Court decision where the Court dismissed an application to prohibit issuance of a Notice of Compliance because the applicant failed to establish that promised utility of untested compounds would have been soundly predicted by a person of skill.

This digest highlights a recent Ontario Superior Court of Justice decision where damages were awarded to a partner who was expelled from the partnership in the absence of cause or good faith.