REPRESENTATIVE WORK THAT MOVES BUSINESS FORWARD

Successful in motion to strike opposing parties’ evidence for abuse of process

Successful motion to strike a party’s evidence from the proceeding on the grounds of misconduct during a cross-examination by videoconference, Kaushal v. Vasudeva et al., 2021 ONSC440, in the context of an application to compel the sale of shares in restaurant franchisee

Issues:

• Abuse of process
• Advocacy in “Zoom” era

Professionals:

• Alastair McNish

Successful arbitration on behalf of minority shareholder resulting in forcing majority/manager to buy-out of 1/3rd Shareholder from real estate management and development company for $70+ million.

Successful litigation and settlement on behalf of Creditor/Investor of $1.6million debt by (alleged insolvent) debtor/manager of development portfolio

Litigation and recovery of investment on behalf of Private Equity / Merchant Banker from group of companies engaged in managing Labour-Sponsored Fund.

Successful trial and hearing at Court of Appeal in respect of imputation of income for child/spousal support purpose and claim to joint family venture and constructive trust in complex claims by common law spouse.

Successful trial for the imputation of income for child/spousal support purposes in case where spouse’s income derived exclusively from gifts.

Successful motion yielding highest interim spousal support award in Province of Manitoba history following analysis of family trust and business issues giving rise to imputation of income.

Successful trial and appeal in complex custody case where medical treatment for childhood obesity in issue.

Successful settlement of substantial equalization with complex issues of business valuation and family trust interests

Successful trial granting specific performance of real estate designated for commercial development purposes with significant abatement of purchase price.