Assuring Good Title
Assuring Good Title Buying a home is the biggest purchase most of us will make. With so much money on the line, the last thing you need, is to find out some unknown person has a claim on your home or to have a problem that will make it difficult for you to refinance or […]
PUT IT IN WRITING – The importance of shareholder agreements
PUT IT IN WRITING – The importance of shareholder agreements When setting up a business there are three formats to consider – sole proprietorship, partnership and incorporation. Each has advantages and disadvantages depending on the particular circumstances. When two or more people are going into business together, they must obviously choose between partnership and incorporation. […]
Same-Sex Relationships: A Few Legal Rights and Obligations
Same-Sex Relationships: A Few Legal Rights and Obligations Up until recently, those who were involved in a same-sex relationship had very little in the way of legal protections. However, during the last year, the provincial government passed legislation defining same-sex partners and extending certain rights and obligations to same-sex partners. In this article we will […]
Duties of Departing Executive Employees
Duties of Departing Executive Employees Executive employees owe their employer a duty of loyalty as well as a fiduciary duty. The fiduciary duty arises when an employee is in a position of trust vis-a-vis the employer. Top management and other executives assume this mantle since they are normally charged with an initiative and responsibility far […]
It’s that time of year again!
It’s that time of year again! The winter season is upon us and that means snow, ice, slippery conditions – and falls! If you are the victim of a fall, and more than just your pride is injured, you would be wise to promptly seek legal advice. Timing is particularly critical if the fall occurs […]
All I Need is A Simple Will…Or do I?
All I Need is A Simple Will…Or do I? A simple will may be all you need, but a little bit of complexity through the creative use of trusts can save your estate some money and give you peace of mind. Delayed Distribution Trust The most commonly used will trust is the “delayed distribution” trust […]
No Will! – Now What?
No Will! – Now What? Many people still do not have a will. Their reasons for not making this important document are many, including: “There’s lots of time”, “I really don’t need one since I don’t have much money” and “Everything just goes to my spouse anyway”. In fact, every adult should have a will. […]
Employee or Independent Contractor??
Employee or Independent Contractor?? There is no magic formula to determine whether a worker is an employee or independent contractor, rather each case must be considered on its own unique set of circumstances. According to the Federal Court of Appeal, the total relationship of the parties must be examined. This examination is generally made using […]
Do you know who’s looking at your e-mail? The rights of employers and employees
Do you know who’s looking at your e-mail? The rights of employers and employeesThe right to privacy and the right to know are not contradictory but complementary; they are companion rather than conflicting freedoms. The right to privacy and the right to know are twin freedoms under a democratic order. — John Turner E-mail has, […]
Tax Update
Tax Update The Federal Court of Appeal recently handed down an interesting ruling involving taxable capital gains and non-competition covenants. In 1995, three plastics companies, in which Tod Manrell had substantial interests, were sold. As part of the agreement of purchase and sale, Manrell delivered to the purchaser non-compete agreements. In return for signing the […]