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Bank Act

Version of section 289 from 2006-11-28 to 2020-05-17:


Marginal note:Court may fix fair value

  •  (1) If a dissenting offeree has elected to demand payment of the fair value of their shares under paragraph 286(b), the offeror may, within 20 days after it has paid the money or transferred the other consideration under subsection 287(1), apply to a court to fix the fair value of the shares of that dissenting offeree.

  • Marginal note:Idem

    (2) If an offeror fails to apply to a court under subsection (1), a dissenting offeree may apply to a court for the same purpose within a further period of twenty days.

  • Marginal note:Venue

    (3) An application under subsection (1) or (2) shall be made to a court having jurisdiction in the place at which the head office of the bank is situated or in the province in which the dissenting offeree resides if the bank carries on business in that province.

  • Marginal note:No security for costs

    (4) A dissenting offeree is not required to give security for costs in an application made under subsection (1) or (2).

  • 1991, c. 46, s. 289
  • 2005, c. 54, s. 65
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