Moly Corp News Today

Ambiguous drafting of earnout provisions in M&A agreements is a perennial source of post-closing disputes. What may have seemed clear to parties in the heat of negotiations can often...

It has long been established that where the circumstances in which funds are advanced by a shareholder to the company in which they own shares is unclear, the court must consider the surrounding circumstances when determining how to characterize the advance. Historically, surrounding circumstances were understood to be the circumstances extant at the time the transaction was effected: e.g., Ghassemvand v. Premium Weatherstripping Inc., 2017 BCCA 309.

It has long been established that where the circumstances in which funds are advanced by a shareholder to the company in which they own shares is unclear, the court must consider the...

Following are this weeks summaries of the Court of Appeal for Ontario for the week of June 5, 2023. In Bhatnagar v. Cresco Labs Inc., the Court interpreted the Supreme Courts decision in C.M.... | June 13, 2023

Court upholds judge's finding that asbestos removal is not deemed commencement of demolition

Guarantee and postponement agreements have distinct contractual obligations

not breached. The Greater Vancouver Sewerage and Drainage District (" Metro") and Wastech Services Ltd. (" Wastech") entered into a long-term contract for the removal and transportation of waste to three disposal sites. The contract gave Metro "absolute discretion" to allocate waste between the sites and provided that Wastech would be paid a different rate depending on the site. In 2011, Metro reallocated waste in a way that resulted in Wastechs not achieving a cost/revenue target identified i...