Western Larch Limited v Di Poce Management Limited: The Enforceability of Shotgun Clauses
In Western Larch Limited v Di Poce Management Limited, 2013 ONCA 722 [Western Larch], a decision released on November 29, 2013, the Ontario Court of Appeal reviewed the exercise of a shotgun buy-sell provision (a.k.a. a “shotgun clause”) in a partnership agreement. The motion judge, presiding over the Commercial List, found that the buy-sell offer […]