Baylin Technologies Inc. v. Gelerman
| Jurisdiction | Ontario |
| Court | Court of Appeal (Ontario) |
| Judge | Doherty, Nordheimer and Harvison Young JJ.A. |
| Neutral Citation | 2021 ONCA 45 |
| Citation | 2021 ONCA 45 |
| Date | 26 January 2021 |
| Docket Number | C68066 |
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11 practice notes
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Court Of Appeal Summaries (January 25 ' 29, 2021)
...ago, the Court found that the motion judge was entirely justified in striking the jury notices. Baylin Technologies Inc. v. Gelerman, 2021 ONCA 45 [Doherty, Nordheimer and Harvison Young S.J. Tenai and M. Spence, for the appellants J. Wadden and J.R. Cohen, for the respondents L. Plumpton, ......
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Court Of Appeal Summaries (October 16 ' 20, 2023)
...Corporations Act, R.S.C. 1985, c. C-44, s.241, BCE Inc. v. 1976 Debentureholders, 2008 SCC 69, Baylin Technologies Inc. v. Gelerman, 2021 ONCA 45, Menillo v. Intramodal Inc., 2016 SCC 51, Gordon Glaves Holdings Ltd. v. Care Corp. of Canada Ltd. (2000), 48 O.R. (3d) 737 (C.A.) Greenspan v. V......
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Gojkovich v. Buhbli Organics Inc.
...77; Arthur v. Signum Communications Ltd., [1993] O.J. No. 1928 at para. 7 (Div. Ct.). [16] Spacebridge Inc. v. Baylin Technologies Inc., 2021 ONCA 45; BCE Inc. v. 1976 Debentureholders, 2008 SCC [17] Abbasbayli v Fiera Foods Company, 2021 ONCA 95; Brekelmans v. Brekelmans, 2020 ONSC 150 (Di......
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Wilson v. Medcap
...of legal set-off – “the parties are free to contract for whatever results they wish”: see Baylin Technologies Inc. v. Gelerman, 2021 ONCA 45, 154 O.R. (3d) 65 at paras. 68-70. The Promissory Note, at Article 2(b) provides for a clear contractual right to set-off amounts owing for accrued in......
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4 cases
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Gojkovich v. Buhbli Organics Inc.
...77; Arthur v. Signum Communications Ltd., [1993] O.J. No. 1928 at para. 7 (Div. Ct.). [16] Spacebridge Inc. v. Baylin Technologies Inc., 2021 ONCA 45; BCE Inc. v. 1976 Debentureholders, 2008 SCC [17] Abbasbayli v Fiera Foods Company, 2021 ONCA 95; Brekelmans v. Brekelmans, 2020 ONSC 150 (Di......
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Wilson v. Medcap
...of legal set-off – “the parties are free to contract for whatever results they wish”: see Baylin Technologies Inc. v. Gelerman, 2021 ONCA 45, 154 O.R. (3d) 65 at paras. 68-70. The Promissory Note, at Article 2(b) provides for a clear contractual right to set-off amounts owing for accrued in......
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Wilson v. Medcap
...of legal set-off – “the parties are free to contract for whatever results they wish”: see Baylin Technologies Inc. v. Gelerman, 2021 ONCA 45, 154 O.R. (3d) 65 at paras. 68-70. The Promissory Note, at Article 2(b) provides for a clear contractual right to set-off amounts owing for accrued in......
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Pereira v. TYLT Technologies Inc. (TYLTGO)
...at para. 70. The concept of reasonable expectation is “objective and contextual”: BCE, at para. 62; Baylin Technologies Inc. v. Gelerman, 2021 ONCA 45, at para. 49. In addition, conduct found to be oppressive need not be unlawful because the oppression remedy “is focused on concepts of fair......
7 firm's commentaries
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Court Of Appeal Summaries (October 16 ' 20, 2023)
...Corporations Act, R.S.C. 1985, c. C-44, s.241, BCE Inc. v. 1976 Debentureholders, 2008 SCC 69, Baylin Technologies Inc. v. Gelerman, 2021 ONCA 45, Menillo v. Intramodal Inc., 2016 SCC 51, Gordon Glaves Holdings Ltd. v. Care Corp. of Canada Ltd. (2000), 48 O.R. (3d) 737 (C.A.) Greenspan v. V......
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Court Of Appeal Summaries (January 25 ' 29, 2021)
...ago, the Court found that the motion judge was entirely justified in striking the jury notices. Baylin Technologies Inc. v. Gelerman, 2021 ONCA 45 [Doherty, Nordheimer and Harvison Young S.J. Tenai and M. Spence, for the appellants J. Wadden and J.R. Cohen, for the respondents L. Plumpton, ......
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Important New Guidance from the Court of Appeal on TSX Majority Voting Rules, Reasonable Expectations
...any director who fails to meet this threshold must immediately tender their resignation. In Baylin Technologies Inc. v Gelerman, 2021 ONCA 45, the Ontario Court of Appeal provided helpful guidance on the application of the TSX Requirement, clarifying that in determining whether a director o......
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Important New Guidance From The Court Of Appeal On TSX Majority Voting Rules, Reasonable Expectations In Oppression Claims And Contractual Set-Off
...any director who fails to meet this threshold must immediately tender their resignation. In Baylin Technologies Inc. v Gelerman, 2021 ONCA 45, the Ontario Court of Appeal provided helpful guidance on the application of the TSX Requirement, clarifying that in determining whether a director o......
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