We previously wrote about the Interoil decision, where the Yukon Court of Appeal overturned a decision applying a discounted cash flow analysis to a Canadian appraisal proceeding, holding that the trial court failed to give proper consideration of merger price. Discussion of the Interoil decision has been significant among Canadian and international law firms, including
Canadian Appraisal Rights
Guest Post: The Use of Appraisal Arbitrage Strategies in Canada in Light of Dell
Posted in Appraisal Arbitrage, Canadian Appraisal Rights, Guest Post
** The content of this post is contributed by Goodmans LLP of Toronto, Canada. We thank Sheldon Freeman of Goodmans for this contribution.
In Canada, as in the U.S., shareholders are becoming increasingly interested in the use of “appraisal arbitrage” strategies in the context of certain M&A transactions. While the circumstances and motivations for engaging…