Cirius Messaging Inc. v. Epstein Enterprises Inc.

JurisdictionBritish Columbia
CourtSupreme Court of British Columbia (Canada)
JudgeVoith
Citation2018 BCSC 1859
Date26 October 2018
Docket NumberS156019

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6 practice notes
  • Court Of Appeal Summaries (November 21 ' 25, 2022)
    • Canada
    • Mondaq Canada
    • November 28, 2022
    ...2014 SCC 53, Mira Design Co. v. Seascape Holdings Ltd. (1981), 34 B.C.L.R. 55 (S.C.), Cirius Messaging Inc. v. Epstein Enterprises Inc., 2018 BCSC 1859, Nelson v. C.T.C. Mortgage Corp. (1984), 59 B.C.L.R. 221 (C.A.), 16 D.L.R. (4th) 139, aff'd [1986] 1 S.C.R. 749 Beaudin v. Travelers Insura......
  • Hybrid Financial Ltd. v. Flow Capital Corp.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 14, 2022
    ...that avoided some of the more restrictive features of a debt transaction? [51] In Cirius Messaging Inc. v. Epstein Enterprises Inc., 2018 BCSC 1859, 16 B.C.L.R. (6th) 380, the court considered the application of s. 347 to a hybrid agreement that featured both debt and equity components. The......
  • Trakopolis SaaS Corp (2007996 Alberta Ltd) (Re)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 22, 2020
    ...that prevents equity from being issued to a creditor in support of a loan transaction: Cirius Messaging Inc v Epstein Enterprises Inc, 2018 BCSC 1859 at paragraph [45]           Citing the discussion at para 24 of Sino-Forest at the Ontario ......
  • Equity Kickers And The Criminal Rate Of Interest: Part II
    • Canada
    • Mondaq Canada
    • February 8, 2019
    ...On October 26, 2018, the Supreme Court of British Columbia released its decision in Cirius Messaging Inc. v Epstein Enterprises Inc, 2018 BCSC 1859 [Cirius]. In this case, the Court found that the criminal interest rate did not extend to equity (in the form of shares or warrants) granted by......
  • Get Started for Free
3 cases
  • Hybrid Financial Ltd. v. Flow Capital Corp.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 14, 2022
    ...that avoided some of the more restrictive features of a debt transaction? [51] In Cirius Messaging Inc. v. Epstein Enterprises Inc., 2018 BCSC 1859, 16 B.C.L.R. (6th) 380, the court considered the application of s. 347 to a hybrid agreement that featured both debt and equity components. The......
  • Trakopolis SaaS Corp (2007996 Alberta Ltd) (Re)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 22, 2020
    ...that prevents equity from being issued to a creditor in support of a loan transaction: Cirius Messaging Inc v Epstein Enterprises Inc, 2018 BCSC 1859 at paragraph [45]           Citing the discussion at para 24 of Sino-Forest at the Ontario ......
  • Hybrid Financial Ltd. v. Flow Capital Corp.
    • Canada
    • Court of Appeal (Ontario)
    • November 25, 2022
    ...come to different conclusions about value is not a factor here, as it was in Cirius Messaging Inc. v. Epstein Enterprises Inc., 2018 BCSC 1859, 16 B.C.L.R. (6th) 380, and other cases relied on by Flow. This is not a matter of valuing conversion rights, shares or [36]  &n......
3 firm's commentaries
  • Court Of Appeal Summaries (November 21 ' 25, 2022)
    • Canada
    • Mondaq Canada
    • November 28, 2022
    ...2014 SCC 53, Mira Design Co. v. Seascape Holdings Ltd. (1981), 34 B.C.L.R. 55 (S.C.), Cirius Messaging Inc. v. Epstein Enterprises Inc., 2018 BCSC 1859, Nelson v. C.T.C. Mortgage Corp. (1984), 59 B.C.L.R. 221 (C.A.), 16 D.L.R. (4th) 139, aff'd [1986] 1 S.C.R. 749 Beaudin v. Travelers Insura......
  • Equity Kickers and the Criminal Rate of Interest: Part II
    • Canada
    • JD Supra Canada
    • February 5, 2019
    ...On October 26, 2018, the Supreme Court of British Columbia released its decision in Cirius Messaging Inc. v Epstein Enterprises Inc, 2018 BCSC 1859 [Cirius]. In this case, the Court found that the criminal interest rate did not extend to equity (in the form of shares or warrants) granted by......
  • Equity Kickers And The Criminal Rate Of Interest: Part II
    • Canada
    • Mondaq Canada
    • February 8, 2019
    ...On October 26, 2018, the Supreme Court of British Columbia released its decision in Cirius Messaging Inc. v Epstein Enterprises Inc, 2018 BCSC 1859 [Cirius]. In this case, the Court found that the criminal interest rate did not extend to equity (in the form of shares or warrants) granted by......