Shareholders’ disputes / Administrators’ liability

In the case of conflict, our recognized expertise in commercial matters allows us to offer you a rapid analysis of the various options to be considered, as well as the probability of the expected results for each of them. You can always count on the support of a team who's available, attentive to your needs and aware of your objectives. Our only concern is your complete satisfaction.

We will also advise you with regard to any situation involving commercial law, including conflicts of interest, the application and interpretation of exclusivity clauses, unfair competition, libel, recovery of payments and intellectual property. Lastly, our in-depth knowledge of the sources of conflict in the commercial field, allows us to advise you in the drafting of a shareholders’ agreement, employment and service contracts or even contracts peculiar to your industry.

How we help you:

Our Team and Our Reputation: We are an experienced team, who's well-known in the legal community for its reliability and effectiveness in reaching objectives.

Over the years, we have earned the respect of fellow professionals and courts of every instance. You can thus be assured that our interventions on your behalf will always receive the proper attention.

Negotiations: In our constant search for solutions, we first try to settle conflicts by taking alternative paths to resolving litigation prior to opting for judicial procedures. We look at options such as mediation, arbitration, and other strategies for achieving the extrajudicial settlement of disputes. We often represent clients before arbitration and common law tribunals, and have even been asked on more than one occasion to act as arbitrator or mediator in various types of conflicts.

Extraordinary Recourses: In the absence of an amicable solution, we will not hesitate to enforce your rights in the judicial process through the use of extraordinary recourses, such as injunctions or pre-judgment seizures.

Assistance: We can also assist you and advise you for the purpose of ensuring that your operations run smoothly. You can therefore call upon us for the calling of  a special meeting of shareholders or for overseeing the procedure to request removal of a director.

Did you know that...

As a director, you can be held personally liable for a decision made by the board of directors, unless your dissent is recorded in the minutes of the meeting.

It is possible to have a contract between a director and your company, annulled if you had not been previously informed of  said contract. 

In certain circumstances, the director of a company incorporated under Quebec law, can be held personally liable for the company’s unpaid debts at the time of  the company’s dissolution.

An undischarged bankrupt cannot act as a founder or director of a company incorporated in Quebec.

The courts can order the liquidation of a company when there is significant conflict between shareholders when it seems that litigation will not be able to resolve said conflict.

Did you know that ...

The courts can order the liquidation of a company in the case of significant conflict between its shareholders, when it is decided that litigation will not provide a solution.

Conferences

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Publications

2016 July 11

Non-competition and exclusivity clauses are having a hard time

On January 19, 2016, the Superior Court looked into a litigious situation which emphasises the importance of properly writing non-competition and exclusivity clauses, and the burden it can be to ensure they are respected.

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