We have experience acting for, advising and representing those in closely-held company litigation, both arising from family business disputes and start-up company disputes.
Family Business Disputes
Many businesses in Canada are family businesses or have evolved from family businesses. Family businesses present many unique challenges as they grow, as key members of the company or partnership leave the family business, or when personal relationships of the key members of the family business thereby change or deteriorate.
One of the most common differences between a family business and other established businesses, whether or not a shareholders’ agreement, partnership agreement and other legal documentation was used in the formation of the family business, is the informality in operation of the family business, including the often ignored distinction in fact between employees, shareholders, or partners – since family members often take on multiple roles.
Please see our webpage on Family and Closely Held Business Disputes.
Start Up Company Disputes
One of the most common differences between a start-up and an established business, whether or not a shareholders’ agreement, partnership agreement and other legal documentation was used in the formation of the start-up, is the often ignored legal distinction between employees, contractors, shareholders, or partners in a start-up – since individuals in start-ups sometimes often take on multiple roles, and compensation for work or knowledge is often provided in the form of equity or other alternative arrangements.
Shareholders Remedies
We are often retained in relation to shareholders’ remedies. Please see these earlier blogs on this subject:
Shareholders’ Rights under the OBCA: An Overview (Part 1/2)
Shareholders’ Remedies under the OBCA: An Overview (Part 2/2)
Shareholder Disputes, Oppression Remedy, and Liability of Directors and Officers
When Shareholders Need an Auditor or Inspector
Removing a Director | Replacing a Director
Contact us for a free initial consultation if you are a shareholder in either a family business or a start-up business, and have complaints about exclusion by other shareholders or directors from the family business or start-up business or have not been provided with the required financial information and/or financial documentation to understand the financial health of the business in which you are a shareholder.
Please see our webpage on Start Up Company Disputes.
Please contact Gilbertson Davis LLP for a free initial consultation.