Family Business Dispute, Start Up Company Dispute, and Closely-Held Company Litigation

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer and ArbitratorBusiness Litigation, Civil Litigation, Closely-Held Business Disputes, Commercial Arbitration, Commercial Litigation, Contract Disputes, Directors' and Officers' Liability, Family Business Disputes, Injunction & Specific Performance, Oppression Remedies, Partnerships and Shareholder Disputes, Shareholder Disputes, Start-Up Disputes0 Comments

We have experience acting for, advising and representing those in closely-held company litigation, both arising from family business disputes and from start-up company disputes. Family Business Disputes Many businesses in Canada are family businesses or have evolved from family businesses. Family businesses present many unique challenges as they grow, as key members of the company or partnership leave the family business, or when personal relationships of the key members of the family business change or deteriorate. One of the most common differences between a family business and other established businesses, whether or not a shareholders’ agreement, partnership agreement and other legal documentation was used in the formation of the family business, is the informality in operation of the family business, including the often ignored distinction in fact between employees, shareholders, or partners – since family members take on multiple roles. Please see our webpage on Family and Closely Held Business Disputes. Start Up Company … Read More

Partnership Disputes & Joint Venture Litigation

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer and ArbitratorArbitration, Civil Litigation, Closely-Held Business Disputes, Commercial, Commercial Arbitration, Commercial Law, Commercial List Matters, Commercial Litigation, Contract Disputes, Contract Termination, Directors' and Officers' Liability, Family Business Disputes, Joint Venture Disputes, Partnership Dispute, Partnerships and Shareholder Disputes, Shareholder Disputes, Start-Up Disputes0 Comments

Our lawyers have acted in Ontario and other jurisdictions for partners in small and mid-sized partnerships, and limited liability partnerships (LLPs) and contractual parties and partners in joint ventures. Partnership Disputes Partnership is a relationship between persons carrying on a business in common with a view to profit, which is not a corporation. It is one of the most commonly used business associations for small and medium-sized business. A partnership can be created at law and the Partnerships Act, R.S.O. 1990, c. P.5 sets out rules for determining existence of partnership, though commonly the parties enter into a partnership agreement. Joint Venture – Is it a Partnership? Joint ventures are often established to synergize what each member of the joint venture can add to the consortium. Sometimes a joint venture is the structure chosen because those members engaged in the joint venture are located in different jurisdictions. While invariably created by contractual agreement, some … Read More

Summary Judgment in Wrongful Dismissal Action in IT Sector

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer and ArbitratorBusiness Litigation, Civil Litigation, Commercial Litigation, Contract Disputes, Contract Termination, Employment, Employment & Wrongful Dismissal, Information Technology, Start-Up Disputes, Summary Judgment, Technology and Internet, Wrongful Dismissal0 Comments

The plaintiff in Wellman v. The Herjavec Group Inc., 2014 ONSC 2039, whose employment with the defendant was terminated without cause after one week short of a year, was granted summary judgment and found to be entitled to damages from the defendant for wrongful dismissal on the basis of a reasonable notice period of four months. The parties had agreed that the issue of a reasonable notice could be properly considered on a motion for summary judgment and the court agreed that such a motion is more proportionate, more expeditious less expensive means than a trial to achieve a just result (citing Hryniak v. Mauldin, 2014 SCC 7) In considering the issue the court considered the: Bardal factors; the age of the employee (including when considering mitigation it is reasonable to assume that at the plaintiff’s age there could have family responsibilities that might make him less mobile); length of service (just one factor to be taken … Read More