In a recent British Columbia Supreme Court decision – Emadi v. Soleymani, 2025 BCSC 1178 – the Court had to determine the appropriate remedy in a shareholder dispute as to the future ownership of a company. Under a “shotgun” sale order, the judge ordered the petitioner to make the first offer to buy out the…
A shareholder unable to sell their shares may seek a liquidation order under s. 324 of the BC Business Corporations Act as a remedy. A court can look at whether shareholder conduct contributed to the situation. The discretionary test is if it is “just and equitable” to grant an order. In Castilloux v. Mitchell, 2024…
Business owners often use “letters of intent” (“LOI”) in the early stages of a deal to buy a business. Even an LOI that is “non-binding”, can create enforceable contractual obligations. Courts look at the wording chosen by the parties and their conduct to determine whether the LOI is enforceable. Case in point – the recent…
