Farris lawyers strive to be proactive and get in front of an issue to help clients achieve an efficient resolution so that they can focus on their business.
Our approach is to work closely with our clients and solicitors in the planning stage of transactions to avoid (or minimize) issues originating from statutory and regulatory non-compliance as well as shareholder disputes.
We deal with regulators in the securities industry, including provincial securities commissions, stock exchanges and the Investment Industry Regulatory Organization of Canada. This involvement occurs at various stages including regulatory approval for mergers and acquisitions, ongoing reporting issuer obligations, investigations and enforcement proceedings.
When disputes cannot be avoided, our litigators have represented public and private companies, corporate and individual investors and brokerage firms in numerous high-proﬁle and precedent-setting matters before the trial and appeal courts, the provincial securities commissions, other regulators across Canada, and arbitrators and mediators as applicable.
We have successfully represented clients in various matters, including:
Leading shareholder oppression, liquidation, and “shotgun” applications under ss. 227 and 324 of the Business Corporations Act.
Interim and injunctive relief including among others Anton Piller orders, Mareva injunctions and Norwich Pharmacal.
Applications to appoint equitable receivers in face of shareholder deadlock and other circumstances.
Approval of proposed plans of arrangement, both contested and uncontested, in both solvent and insolvent circumstances.
Proposed shareholder class actions.
Interpretation and enforcement of contractual obligations such as option agreements, confidentiality/non-disclosure agreements and non-competition/non-solicitation agreements.
Advising and representing boards, special committees and individual directors regarding contentious corporate governance matters and fiduciary obligations.
Takeover bids and proxy battles.
Complaints to various regulatory bodies, including such as stock exchanges in connection with contested transactions.
Investigations and enforcement matters, acting in matters involving insider trading, illegal distributions, market manipulation, discretionary trading, suitability matters and fraud.
Assisting in sensitive and complex internal investigations, including whistleblower complaints.