Disputes among shareholders and directors of closely-held and medium size corporations are even more common than the corporate disputes that make the front pages of the Financial Post and the Report on Business. Canada is driven by small, closely-held and medium-sized businesses. Frequently, the “partners” have different interests and objectives and these will be in conflict. Canadian and Ontario law offer a broad range of remedies to deal with these matters, including but not limited to “oppression remedy” claims and derivative actions under the Ontario and Canada Business Corporations Acts (“OBCA and CBCA”). The OBCA and CBCA provide remedies for directors, officers and shareholders and comprise issues such as notices of shareholders and directors’ meetings, injunctions, auction of assets, winding up, interim costs, appointment of auditor or inspector. The Court has a broad discretion to grant relief in many forms on a preservation basis, in an interlocutory order or at trial.
Igor Ellyn, QC and Orie Niedzviecki are actively involved in the litigation of numerous such disputes, and have been. Counsel must be knowledgeable in the procedures of the Court, including the Commercial List of the Superior Court of Justice. Cases tend to be paper-intensive. Counsel must be experienced in document and factum preparation, cross-examination, strategic analysis and court room argument, and often, must possess a determination to see the matter through to a successful result.
Our firm has been counsel for corporate disputes involving several industries, including automobile dealerships, restaurant and hotel, bakery plant, tavern, manufacturing facilities, construction, joint venture and land development. We have also been involved in complex joint venture disputes and partnership disputes leading to trials, appeals and arbitrations. Igor Ellyn has also written and lectured to other lawyers.