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ARTICLE · 07 JULY 2014

Ontario Court Sheds New Light On Advance Notice Bylaws

Norton Rose Fulbright Canada LLP
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In its recent decision in Orange Capital, LLC v Partners Real Estate Investment Trust, 2014 ONSC 3793, the Ontario Superior Court has offered new guidance on the interpretation of advance notice provisions used in the context of a proxy contest.

CanadaLitigation, Mediation & Arbitration
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In its recent decision in Orange Capital, LLC v Partners Real Estate Investment Trust, 2014 ONSC 3793, the Ontario Superior Court has offered new guidance on the interpretation of advance notice provisions used in the context of a proxy contest.  The decision is another victory for Norton Rose Fulbright's Special Situations team, which represented Orange Capital in this litigation.

In April 2014, Partners Real Estate Investment Trust (the REIT) announced that its annual and special meeting of unitholders (the Meeting) would be held on June 26, 2014.  The REIT later postponed the Meeting to July 15, 2014.  On June 6, 2014, Orange Capital, a unitholder in the REIT, provided notice of its intention to nominate trustees to the board of the REIT at the Meeting on July 15, 2014.

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