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Share Swaps and Break Fees: ASC Decision Provides Guidance on Break Fees and Disclosure of Swaps

On December 21, 2021, a panel of the Alberta Securities Commission (ASC) published its written decision in Re Bison Acquisition Corp., 2021 ABASC 107. The decision followed a July 2021 hearing and oral ruling on...more

Ten Takeaways for Private M&A Sellers and Buyers in Canada from Recent Court Decision

A private M&A purchase agreement customarily includes extensive representations and warranties and indemnification provisions. Post-closing, if the buyer alleges a breach of those provisions claiming significant damages, and...more

The Good, the Bad and the Ugly: Candour in Ex Parte Applications

A recent decision by the Alberta Court of Appeal (ABCA) reminds us that counsel must take care to provide a balanced view of both sides and not overreach in their asks when seeking an ex parte application, lest the court set...more

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