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Searching Content indexed under Trials & Appeals & Compensation by Shane D'Souza ordered by Published Date Descending.
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Protecting A Vendor's Privilege In M&A Sale Transactions
Canadian dealmakers should be aware of a recent decision of the Delaware Court of Chancery addressing the circumstances in which a target company's legal privilege belongs to the purchaser after a sale transaction.
Canada
18 Jul 2019
2
M&A Disputes: When Will A Corporation Be Liable For An Officer's Or Director's Fraud? Supreme Court Provides New Guidance
Should a corporation be liable for fraud committed by its director or officer where it may also have benefitted?
Canada
16 Jul 2019
3
Insider Trading Decision Provides Guidance To Assess Tippee's Knowledge About Tipper's Source Of Information
In the Finkelstein v. Ontario Securities Commission[1] insider trading case, the Ontario Court of Appeal provided guidance on the interpretation ...
Canada
20 Feb 2018
4
Corporate Democracy Vs. Directors' Powers: Lessons From Marquee/Smoothwater
Alberta's Court of Appeal recently overturned a controversial interlocutory decision involving a proposed acquisition by Alberta Oil Sands Inc.
Canada
20 Dec 2016
5
One Try Only: Insider Trading Appeal Reminder Of Court's Deference To Commission
The Divisional Court's recent decision in Fiorillo, upholding the findings of the Ontario Securities Commission (the "Commission") that three traders violated the insider trading provisions...
Canada
29 Nov 2016
6
Dolly Varden Reasons Deliver Highly Anticipated Guidance For Assessing Tactical Private Placements Under The New Take-Over Bid Regime
The Ontario Securities Commission (OSC) and the British Columbia Securities Commission (BCSC) have released joint reasons for their decisions in the Dolly Varden dispute.
Canada
2 Nov 2016
7
BCSC Dismisses Insider Trading And Tipping Allegations Despite Not Condoning A Respondent's Conduct
The BCSC determined that Mr. Lum's alleged non-compliance with MK Capital's policy manual did not, by itself, breach the public interest.
Canada
29 Jul 2015
8
Earning Earn-Outs: New Decision Affirms The Dangers Of Not Negotiating Objective Measures And Standards In Earn-Out Provisions
Earn-out provisions are intended to provide a "win-win" scenario for buyers and sellers to maximize their post-closing returns.
Canada
23 Jul 2015
9
The OSC Overturns IIROC Panel's Decision With Harsher Sanctions
The Ontario Securities Commission recently imposed harsher sanctions than were ordered by a panel of Investment Industry Regulatory Organization of Canada following a contested proceeding.
Canada
9 Jul 2015
10
Court Of Appeal Rules On Privilege Over Regulator’s Investigation File
Does privilege shield a regulator’s investigation file that has not been produced to a respondent?
Canada
5 May 2015
11
Harnessing Social Media In Proxy Contests: Opportunities And Legal Challenges
Social media has very seldom been leveraged in Canadian proxy contests. One reason for this may be the lack of knowledge about its full potential.
Canada
17 Apr 2015
12
Another Tipping And Insider Trading Case Based Exclusively On Circumstantial Evidence
In the recent Weicker decision which followed a contested hearing, the British Columbia Securities Commission (BCSC) accepted Staff's insider tipping and trading allegations against a geologist and his wife...
Canada
16 Apr 2015
13
OSC Accepts Circumstantial Evidence Of Tipping And Insider Trading In Important New Decision
Staff has the onus to prove its allegations with evidence that is cogent, clear and convincing.
Canada
31 Mar 2015
14
Pay Me Now: Court Of Appeal Delivers Lessons On Fiduciary Duties, The Business Judgment Rule, And Executive Compensation
Although the decision is based on unique underlying facts, it offers several important lessons on corporate governance.
Canada
29 Jul 2014
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