I would also observe that there is no case law supporting the plaintiffs' allegations that a duty of disclosure could arise in the present circumstances or that the financing arrangements constituted material information for the purposes of a buy/sell [page541] agreement. The only decision identified by the plaintiffs as supportive of their position is a short endorsement of Ground J. in Tzembelicos v. Tzembelicos,  O.J. No. 154,  O.T.C. 45 (S.C.J.). However, the facts in that decision are materially different from the present proceeding in a manner that is illustrative for present purposes.
Get a full legal research memo!
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexsei.com.