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BCE Inc. V. 1976 Debentureholders
''BCE Inc v 1976 Debentureholders'', 2008 SCC 69 (CanLII), 0083 SCR 560 is a leading decision of the Supreme Court of Canada on the nature of the duties of corporate directors to act in the best interests of the corporation, "viewed as a good corporate citizen". This case introduced the principle of fair treatment as an organizing principle in Canadian corporate law. Facts BCE Inc. was the subject of multiple offers involving a leveraged buyout, for which an auction process was held and offers were submitted by three groups. All three offers contemplated the addition of a substantial amount of new debt for which Bell Canada, a whollyowned subsidiary of BCE, would be liable. One of the offers, which involved a consortium of three investors, was determined by BCE's directors to be in the best interests of BCE and BCE's shareholders. That was to be implemented by a plan of arrangement under s. 192 of the ''Canada Business Corporations Act'', which was approved by 97.93% of BCE's sh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canada Business Corporations Act
The ''Canada Business Corporations Act'' (CBCA; ) is an act of the Parliament of Canada regulating Canadian business corporations. Corporations in Canada may be incorporated federally, under the CBCA, or provincially under a similar provincial law. Background The Act was legislated based on a task force report organized in 1967 to provide the first comprehensive review of federal corporate law since 1934. It received royal assent on 24 March 1975, and came into force on 15 December 1975. It provides the basic corporate governance framework for many small and medium-sized Canadian enterprises as well as many of the largest corporations operating in Canada. Nearly 235,000 companies are incorporated under the Act, including over 700 distributing or publicly held corporations. CBCA corporations make up approximately 50 percent of Canada's largest publicly traded business corporations. As of June 25, 2019, the Act was amended to require that information about the diversity of direct ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases successfully appealed to the Court are generally of national importance. Once a case is decided, the Court publishes written reasons for the decision, that consist of one or more opinions from any number of the nine justices. Understanding the background of the cases, the reasoning and the authorship can be important and insightful, as each judge may have varying beliefs in legal theory and interpretation. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from the ri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of British Columbia
The British Columbia Court of Appeal (BCCA) is the highest appellate court in the province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act. Jurisdiction The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British Columbia where the proceedings in that court were by indictment. It will hear summary conviction appeals from the Supreme Court on criminal matters that originated in the Provincial Court. Statute restricts appeals on civil matters from the Provincial Court (Small Claims) to the Supreme Court. However, some Provincial Court civil matters may come before the BCCA on very narrow matters having to do with questions of administrative law or other unusual circumstances. Composition The BCCA consists of 15 justices (including a chief justice) in addition to 9 supernumerary justices. All justices of the BCCA ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bhasin V
Bhasin is a surname and clan of the Punjabi Khatris of India. Bhasin translates to "sun". Notable people * Anuradha Bhasin, Indian journalist, editor of ''Kashmir Times'', daughter of Ved Bhasin * Arjun Bhasin, Indian fashion designer, brother of Niharika Bhasin * Harish Bhasin, appellant in the Canadian contract case law Bhasin v Hrynew * Jasmin Bhasin (born 1990), Indian actress and model * Kamla Bhasin (1946–2021), Indian women's rights activist, poet, author and social scientist * Manish Bhasin Manish Dev Bhasin (born 21 May 1976 in Leicester, England) is a sports journalist and presenter broadcasting for Premier League Productions as the face of the Premier League's global coverage to over 700 million viewers as well as the BBC in th ... (born 1976), British sports journalist and television presenter * Neha Bhasin (born 1982), Indian singer-songwriter * Om Prakash Bhasin, founder of the Om Prakash Bhasin Award for Science and Technology * Niharika Bhasin (bor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Magna International
Magna International Inc. is a Canadian parts manufacturer for automakers. It is one of the largest companies in Canada and was recognized on the 2020 ''Forbes'' Global 2000. The company is the largest automobile parts manufacturer in North America by sales of original equipment parts; it has ranked consistently in the Fortune Global 500 list for 20 years in a row since 2001. It produces automotive systems, assemblies, modules, and components, which are supplied to General Motors, Ford and Stellantis, as well as BMW, Mercedes, Volkswagen, Toyota, Tesla, and Tata Motors, among others. The company is headquartered in Aurora, Ontario, and its chief executive officer is Swamy Kotagiri. It has 158,000 employees in 342 manufacturing operations and 91 product development, engineering and sales centres in 27 countries. Magna is governed under a corporate constitution which calls for distribution of profits to employees and shareholders. The terms of this contract are a "fair enterpri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obiter Dictum
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "said in passing",'' Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, any remark in a legal opinion that is "said in passing" by a judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: '' ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be '' ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply '' dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obite ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Davies Ward Phillips & Vineberg
Davies Ward Phillips & Vineberg LLP is an integrated firm of more than two hundred and forty lawyers, with offices in Toronto, Montreal, and New York City. Davies focuses on business law, including commercial and financial matters. The firm acts for a wide range of industrial and commercial companies and financial institutions, both public and private, domestic and foreign. The firm's Mergers and Acquisitions practice include most industries and service sectors and representation in transactions of every size. Davies consistently ranks in the top 20 by Bloomberg's Global Merger and Acquisitions Advisory rankings. The 2019 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada ranks Davies as a leading Canadian firm in corporate transactions (including banking, competition law, corporate/commercial law, corporate finance and securities, corporate tax, and mergers and acquisitions). The Practical Law Company Practical Law, a division of West Publishing Corporation, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peoples Department Stores Inc
The term "the people" refers to the public or common mass of people of a polity. As such it is a concept of human rights law, international law as well as constitutional law, particularly used for claims of popular sovereignty. In contrast, a people is any plurality of persons considered as a whole. Used in politics and law, the term "a people" refers to the collective or community of an ethnic group or nation. Concepts Legal Chapter One, Article One of the Charter of the United Nations states that "peoples" have the right to self-determination. Though the mere status as peoples and the right to self-determination, as for example in the case of Indigenous peoples (''peoples'', as in all groups of indigenous people, not merely all indigenous persons as in ''indigenous people''), does not automatically provide for independent sovereignty and therefore secession. Indeed, judge Ivor Jennings identified the inherent problems in the right of "peoples" to self-determination, as i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty Of Care
In Tort, tort law, a duty of care is a legal Law of obligations, obligation that is imposed on an individual, requiring adherence to a standard of care, standard of Reasonable person, reasonable care to avoid careless acts that could foreseeably harm others, and lead to claim in negligence. It is the first element that must be established to proceed with an action in negligence. The claimant must Cause of action, be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed ''by operation of law'' between individuals who have no ''current'' direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law). Duty of care may be considered a formalisation of the social contract, the established and implicit responsibilities held by individuals/entities towards others within society. It ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Derivative Action
A shareholder derivative suit is a lawsuit brought by a shareholder on behalf of a corporation against a third party. Often, the third party is an insider of the corporation, such as an executive officer or director. Shareholder derivative suits are unique because under traditional corporate law, management is responsible for bringing and defending the corporation against suit. Shareholder derivative suits permit a shareholder to initiate a suit when management has failed to do so. To enable a diversity of management approaches to risks and reinforce the most common forms of corporate rules with a high degree of permissible management power, many jurisdictions have implemented minimum thresholds and grounds (procedural and substantive) to such suits. Purpose and difficulties Under traditional corporate business law, shareholders are the owners of a corporation. However, they are not empowered to control the day-to-day operations of the corporation. Instead, shareholders appoint dire ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec Court Of Appeal
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA; ) is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal. History The court was created on May 30, 1849, as the Court of Queen's Bench () – or Court of King's Bench () depending on the gender of the current monarch serving as head of state first of the United Kingdom, then of Canada. The court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974, it was officially renamed the Quebec Court of Appeal. Jurisdiction Under the Code of Civil Procedure of Quebec and the ''Criminal Code'', someone wishing to appeal a decision of either the Superior Court of Quebec or the Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Final judgments in civil cases are appellable as of right if the amount in dispute is at least $60,000 in dispute to be heard. The Court of Appeal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
