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By | 2 Minutes Read

Is a tenant bound to pay rent for the period during the restructuring for which it cannot use the premises as a result of a COVID-19 lockdown order?

In the matter of the Companies’ Creditors Arrangement Act of North American retailer Groupe Dynamite, Justice Kalichman of the Superior Court of Québec rendered a judgment on the obligation of a debtor to pay post-filing rent in a context where it cannot use leased premises as a result of COVID-19 government decrees.

By | 3 Minutes Read

Being accountable: Fiduciary duties and the business judgment rule

On July 10, 2014, the Ontario Court of Appeal released an important decision regarding corporate governance and shareholders rights. In the case between Unique Broadband Systems Inc. and its former CEO and director, Gerald McGoey, the Court of Appeal clarified the fiduciary obligations on the part of officers and directors of both private and public companies as well as the limitation on the business judgment rule that limits a Court from “second guessing” decisions of management.

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