Law Times

Law timeS • September 28, 2009 FOCUS PAGE 11 Business succession a 'hot-button topic' Continued from page 8 for contribution," he says. "Th e issues can be so complicated and expensive to litigate, and there's so much he-said she-said that a lot of these cases settle." Such disputes usually involve thousands of documents. Some- times, parties hire a private investi- gator to do surveillance if there's a confl ict of interest allegation. Aaron Grubner, a partner at Minden Gross LLP's corporate commercial law practice, has prepared a paper, titled "Address- ing the Four Ds in Family Share- holder Agreements: Decisions, Death, Disability, and Disputes," that addresses these issues. He initially distributed the paper at a Canadian Institute business conference on succes- sion planning, although its con- tents examine all types of family shareholder disputes. "Th ese days, family busi- ness succession planning is a hot-button topic," says Grub- ner. "Everybody is discussing it, and everyone is concerned about it in planning the next generation succession for businesses." In the four-page paper, he wrote: "In a family context, given that there are usually few share- holders initially, each with sig- nifi cant control, it is important Marketplace OFFICE SPACE FOR RENT CA070 NORTH YORK account- ing firm has a full service executive office for rent. Call Saveria 416-631-9800. OFFICE for rent - in charm- ing Victorian style three- storey house on mature tree- lined street right next door to Yorkville (11 Prince Arthur Ave.) Located at the rear of the third floor, this lovely office is bright with a large window and very quiet (approx. 11' x 12'). Available immediately. Includes reception, fully stocked and updated library, internet con- nection, photocopier (that can also print and scan) and some storage space. Building primar- ily leased to criminal defence lawyers. Approx $1,500 per month. Contact Clayton Ruby or Mandy Machin at 416- 964-9664 or mmachin@ruby shiller.com EMPLOYMENT WANTED SERVICES - Available law clerk. Proficient in estates, real estate, litigation, ADR, corporate/commercial and labour and employment. Part/ full time. Messages (416) 621- 2485. To advertise call 905-841-6481 Competition Law Service The law is evolving – don't get left behind! For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. LT0928 that these shareholders agree on their respective visions for the corporation early on and imple- ment an agreement governing its operation and growth." He added: "In addition, a shareholder agreement can provide for issues that may be particularly sensitive to the fam- ily, such as cultural and religious issues or devoting resources to specifi c charitable, communal or religious purposes." He cited one case, Pusateri v. Trozzo, in which a dispute within the family business erupted following the death of a shareholder. As the family had not drafted a shareholder agree- ment, the matter ended up in court over how to wind up and sell the business. Th e judge in the matter ulti- mately ordered the business sold through a supervised auction. "Had a shareholder agree- ment addressing this issue been in place, the sale process could have been contractually imple- mented and signifi cant litiga- tion costs avoided," Grubner concluded. LT Business law basics Shareholders Agreements: An Annotated Guide, Second Edition This comprehensive shareholders agreement precedent contains helpful commentary identifying the key issues to consider when advising clients and highlighting potential drafting pitfalls. Perfectbound with CD-ROM • 336 pp. • August 2009 $90 • P/C 0860010002 • ISBN 978-0-88804-489-1 Annotated Ontario Business Corporations Act This is the most complete and current resource covering the broad range of issues essential to operating an incorporated company in Ontario. Inside find comments on every section of the Act and more than 300 annotated cases. Looseleaf & binders (2) • $317 • Releases invoiced separately (2/yr) • P/C 0415030000 Vol. 1/2 - ISBN 0-88804-096-2/ -274-2 Federal & Ontario Corporate & Business Legislation This resource contains the fully updated . Perfectbound • Approx. 600 pp. Published each October • Standing order $63 P/C 0814140000 • Current edition only $73 P/C 0814010000 • ISSN 1481-1995 Multiple copy discounts available and the Important amendments to the became law on March 12, 2009 – the most significant changes in decades. These amendments to Canada's competition rules target key provisions of the Act. Competition Law Service addresses all of these changes including: • Deceptive Marketing – increased penalties for criminal and non-criminal offences and restitution introduced as a remedy. • Abuse of Dominance – administrative monetary penalties and repeal of the airline exemption. • Pricing & Price Maintenance Provisions – the elimination of the criminal pricing and price maintenance provisions and the expansion of corresponding civil remedies. • Competitor Collaboration – the introduction of a civil conspiracy provision. • Merger Review – new limits on merger review and processes. • Bid-Rigging – dealing with withdrawal of bids. This service provides: • the full text of the • the Competition Tribunal Rules • the Competition Bureau Fee and Service Standards Handbook ORDER your copy today Looseleaf & binders (4) • $510 Releases invoiced separately (2-3/yr) • P/C 0491030000 Vol. 1 ISBN 0-88804-053-9 • Vol. 2 ISBN 0-88804-169-1 Vol. 3 ISBN 0-88804-324-4 • Vol. 4 ISBN 0-88804-444-5 , including all of the changes implemented on March 12, 2009, fully digested and annotated For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. www.lawtimesnews.com LT0909 Consulting Editor: Stephen N. Adams, Q.C. Canada Business Corporations Act Stephen N. Adams, Q.C. Ontario Business Corporations Act Aird & Berlis LLP Edited by Lisa E. Moreau George N. Addy and William L. Vanveen Competition Act Competition Act

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