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Commercial Litigation

Complex Shareholder Dispute: Oppression in Business Partnership
Resolved Favorably

Overview

Oppression in Business Partnership Resolved Favorably

A complex shareholder dispute that extended over two years reached a successful resolution in favor of ME Law’s client. The conflict, marked by intense operational deadlock and significant business disruption, culminated in our client achieving a strategic victory. Through persistent legal maneuvering, we secured the buyout of the opposing shareholder’s stake, allowing our client to regain full control of the business.

Additionally, we successfully recovered all financial losses our client suffered due to the oppressive actions of the opposing party, ensuring a comprehensive resolution that restored the business's operational integrity and financial health.

The dispute began when two female business founders, who initially operated their service industry business as a partnership, decided to incorporate. However, many initial terms were not clearly defined, leading to significant disagreements as the business grew. While one shareholder was eager to expand the business, the other was content with maintaining the status quo and extracting stable cash flow. This divergence in vision led to severe control issues and created a toxic work environment.

May (Mayissa) Elajami
May (Mayissa) Elajami

Principal lawyer

As tensions escalated, one shareholder essentially held the other “hostage” by refusing to allow the necessary reorganization of business processes, contributing neither financially nor operationally but instead fostering a negative atmosphere that affected employees. Despite attempts at pre-litigation resolution, the opposing side’s unreasonable behavior and frequent changes in legal representation hindered progress.

ME Law eventually filed an oppression application, demanding substantial costs due to the opposing party's unreasonable negotiation tactics. Faced with this legal pressure, the opposing shareholder conceded, and both parties agreed on a buyout price that accounted for the oppression losses and legal costs incurred by ME Law’s client. This resolution not only allowed our client to regain full control of the business but also compensated for the financial harm caused by the prolonged dispute.

Facts about the case

Stake Buyout
  • ME Law’s client successfully bought out the opposing shareholder's stake, regaining full control of the business.
Loss Recovery
  • The client recovered all financial losses caused by the opposing shareholder’s oppressive actions.
Legal Compensation
  • The resolution included compensation for the client’s legal costs and losses incurred during the dispute.
Dispute Duration
  • The two-year dispute, which caused an operational deadlock and significant business losses, was successfully resolved by ME Law in favor of our client.

Summary

ME Law successfully resolved a two-year shareholder dispute, securing a favorable outcome for the client. The case involved two business founders who initially operated as a partnership before incorporating. As the business grew, differences in vision led to conflicts, with one shareholder causing operational deadlocks and financial losses.

Despite initial failed negotiations, ME Law's strategic intervention through an oppression application led to a buyout of the opposing shareholder’s stake and recovery of all the client’s losses, including legal costs.

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Strategic persistence pays off—this case is a testament to the power of well-timed legal action and the importance of protecting your business interests through skilled negotiation and litigation.

May Elajami, Principal Lawyer.

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