Despite parties’ best efforts to paper up iron-clad purchase and sale agreements, post-acquisition disputes are commonplace.  This is not surprising given the constant flux of conducting business in Canada.  Some purchase and sale agreements will have key post-acquisition calculations spelled out; other agreements may contain more generalized terms; others still may even be silent.  In any scenario, a dispute over key financial clauses in the agreement will require a seasoned and common-sense approach to resolving the differences.

CHS has significant experience in assessing the quantum impacts of various possible interpretations of key financial clauses in purchase and sale agreements.  Our mandates have included assessing earn-out calculations tied to EBITDA and other measures, quantifying eligible capital costs in factory and environmental remediation scenarios, and assessing alleged financial statement misrepresentations.  We draw on our extensive accounting, valuation, and financial acumen to deliver in-depth and compelling analyses to help resolve the dispute.