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hile parties to potential M&A transactions generally want to avoid court, there is at least one transactional model in which parties seek out court involvement to achieve the efficient conclusion of a successful M&A transaction: a plan of arrangement.

A recent decision of the Ontario Superior Court of Justice in Cineplex v Cineworld, 2021 ONSC 8016 ("Cineplex") awarded the plaintiff Cineplex damages of $1.24 billion for breach of contract arising from Cineworld's...