Court Compels Individual To Undergo Mental Capacity Assessments
A “committee” is a legal guardian, appointed by the court, to act for an individual who has reduced capacity. A “committee of estate” acts for ... Continued
Successful Appeal in Presumption of Resulting Trust Case
The Supreme Court of Canada has confirmed that, when assets are transferred from a parent to an adult child without anything given in return, the ... Continued
Tax proposals affecting private companies and their shareholders: what does this mean?
This is the first in a series of posts arising out of the Liberal Government’s paper “Tax Planning Using Private Corporations”. The Liberal Government announced ... Continued
Language is Key in Earn-Outs: PART 1
Earn-outs are very common these days in transactions where an owner is selling a business. I’m working on a number of transactions right now that ... Continued
Conditions to Closing
One term that you may hear when negotiating the sale of your business – or the purchase of a new business – is “conditions precedent” ... Continued
Is a child born out of wedlock entitled to inherit under British Columbia succession law?
Since 1927, legislation in British Columbia had provided that in cases of intestacy, children born out of wedlock would inherit on the same basis as ... Continued
OSC Orders Cancellation of Private Placement Shares Issued to Bolster Management Support
In a decision rendered June 16, 2017, the Ontario Securities Commission (“OSC”) ordered that private placement shares issued in March 2017 had to be cancelled, ... Continued
Proposed Canadian Prospectus Exemption Allows Restricted Foreign Securities to be Resold on Foreign Exchanges
On June 29, 2017, the Canadian Securities Administrators (CSA) published for comment proposed amendments to National Instrument 45-102 Resale of Securities (NI 45-102) that would introduce a ... Continued
From delay comes opportunity – it’s time for a CASL compliance check-up
In an increasingly connected society, the channels available to businesses to connect with consumers have reached unprecedented heights. This digital accessibility to consumers and their ... Continued
Insurers: Beware Of Reasonable Expectations
The Supreme Court of Canada recently decided the case of Sabean v. Portage La Prairie Mutual Insurance Co. This case involved the interpretation of an ... Continued
G&P Procleaners: Faulty Workmanship Exclusion Under CGL
Another case dealing with faulty workmanship arising from commercial window cleaning work was recently considered by the Ontario Court of Appeal. In G & P ... Continued
Couple never lived together, but court finds they are “spouses” for BC Estate Law
The definition of spouse in BC’s Wills, Estates, and Succession Act says that two people are “spouses” if “they have lived with each other in ... Continued