What is the most compelling case law in favour of a buy/sell mechanism?
Ontario, Canada
The following excerpt is from D’Antonio v. Monaco, 2013 ONSC 5007 (CanLII):
The most compelling reason for choosing the buy/sell mechanism is the one the British Columbia Court of Appeal articulated in Safarik v. Ocean Fisheries Ltd.(No. 2) [5] where it said: “I have concluded that the individual shareholders, because they are insiders ... should have the onus put upon them to fix a fair price. I know of no better way to have a man put a fair value on what he owns, he knowing all the facts about its worth, than to require him to say what he will sell it for.”
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