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By Sara Pender
A non-competition agreement is a type of restrictive covenant setting out the rights and obligations of an employee post departure from the company.
By Pascal Ambrosino
Adjusting EBITDA for non-recurring items, determining a maintainable level of EBITDA and selecting an appropriate discount rate are some of the key challengers a business valuator faces when valuing a company.
By Errol Soriano
Recall that the original decision from the Ontario Superior Court of Justice states that "The practice of discussing draft reports with counsel is improper and undermines both the purpose of Rule 53.03 as well as the expert's credibility and neutrality."
By Errol Soriano
Counsel‟s relationship with a financial expert on a particular matter can span months or years. Therefore it is important to choose carefully.
By Chris Nobes
The transfer of business ownership from one generation to the next can be a challenging task.
By Neil de Gray
In the absence of an open market transaction, where an informed buyer and an informed seller negotiate a transaction price, business value must be determined in a notional market context.
By Sara Pender
A properly drafted shareholders' agreement protects the interests of both the controlling shareholders and the minority shareholders.
By Kim Jezior
Chartered Business Valuators (and other financial experts) are often retained to provide their professional opinion as to the quantum of a financial gain or loss in the context of litigation or a dispute.
By Neil de Gray
The concept of Time Value of Money is a principle financial theory that underlies the fields of business valuation, damages quantification and corporate finance.
By Suzanne Loomer
Gould v. Western Coal Corporation (2012 ONSC 5184) involved a motion to certify the action as a class proceeding under the Class Proceedings Act.
By Errol Soriano
Often times, experts are retained as a reporting deadline looms. It seems that this behavior is driven, at least in part, by a desire to defer litigation costs in the hope that the matter settles before trial.
By Dennis Leung
When determining the value of a business, an assessment must be made as to whether the premise of value should be based on a going concern approach or a liquidation approach.
By Errol Soriano
The courts have been consistent and clear that expert evidence is permissible to assist in limited circumstances.
By Neil de Gray
A business that is considered to be economically viable is generally valued on a going concern approach implying that the business will continue to operate into the future.
By Errol Soriano
Expert evidence can play a huge role in proving/refuting a claim yet, on occasion, counsel will retain an expert based on only a superficial vetting of his/her suitability to the tasks at hand in the particular litigation.