Competing interests among partners or shareholders can lead to complex disputes requiring court intervention. These disputes may range from shareholder oppression, breach‑of‑contract and joint‑venture litigation to large‑scale, class‑action lawsuits.

Baker Tilly Canada experts can be appointed by the courts to manage assets at issue, provide clear, logical analyses and reports, as well as review and assess the merits of the financial claims.

Acting as both receivers and inspectors

In our role as a court‑mandated receiver, we are charged with protecting stakeholders’ interests by taking possession of ⁠–⁠ and realizing on ⁠–⁠ the assets in dispute. We can also be mandated to:

• Carry on the business as normal, pending the dispute’s resolution
• Conduct an auction between disputing shareholders, leading to one shareholder buying out the other’s shares
• Sell or liquidate the business, distributing the proceeds to the stakeholders

Meanwhile, as an inspector we are tasked with gathering information ⁠–⁠ the scope of which is determined by the court ⁠–⁠ then reporting on the facts we discover. This entails:

• Reviewing a company’s premises (or other property)
• Examining and analyzing financial records
• Gathering information from officers, employees and others knowledgeable about the company’s affairs

Our report covers the information requested by the court. It may also help disputing parties better understand their respective positions so they can determine whether to settle or pursue further litigation.

It takes a multidisciplinary team

Whether acting as a receiver or inspector, carrying out these court-mandated duties for shareholder and partnership disputes requires an investigative mindset and a comprehensive understanding of a variety of factors.

We can quickly mobilize the expertise of an in‑house team of restructuring and recovery, tax, business valuation, litigation support, forensic accounting and other accounting professionals to produce objective, defensible reports that stand up to the most rigorous scrutiny.

Connect with your Baker Tilly advisor today to learn more.