September 2011 archive
Posted on Thu, 16 Jul 2009
In my last blog article I focused on the ‘oppression’ remedies of section 242 of the Alberta Business Corporations Act (“ABCA”). Where a shareholder or director is the victim of ‘oppressive’ conduct by other shareholders or directors of the corporation, the Court can provide certain remedies to settle the dispute.
In some cases, a shareholder can find themselves in a situation where the conduct complained of falls short of the definition ...
Posted by editor on Mon, 26 Sep 2011
Many companies are small ones – family members who have incorporated to run the family business, or a pair or small group of equal partners in a small business enterprise. In these cases, their relationship as shareholders is much like a marriage – and they usually don’t go into it thinking about what the divorce will be like. In practice, these shareholders often rely on good faith or the strength ...
Posted by editor on Wed, 21 Sep 2011
Jen and Chris were about to get married but decided that before they were to wed, to appease their families, they would enter into a domestic agreement, often referred to as a cohabitation agreement or prenuptial agreement. Jen and Chris were both university students and felt they didn't need to get anyone else involved so they drafted their agreement themselves, without any legal advice. Years later, the marriage fell apart ...
Posted by Administrator on Mon, 12 Sep 2011
Jenny and Mike were a happily married couple once, but that was in the past. Now the only thing they seem to agree on is that they both love their daughter Laura, who is eight years old, very much. Because they each want to spend as much time with Laura as possible, and agree that this is best for her, they have a joint custody agreement. Mike lives in Calgary, ...
Posted by Administrator on Wed, 7 Sep 2011
Thomas and Trudy were a happy married elderly couple, with successful children and young grandchildren. Geographically the family, both immediate and extended, were in close proximity to each other which made for easy access socially throughout the year. Initially, Thomas and Trudy were relied upon for assisting their son Aaron and daughter in law Katie with caring for Michael, their young grandson. However, there was an incident one day wherein ...
Posted by Administrator on Thu, 1 Sep 2011