24 April

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Construction Law In Ontario – Construction lawyer

in Business Law, Employment Law, Litigation

Given that the construction industry is leading the Canadian economy, special considerations must be made with respect to construction contracts. Construction contracts govern the legal obligations and rights between contractors. There are standard forms of contracts that can be found with the Canadian Construction Documents Committee (the "CCDC"). The CCDC provides contract forms for a variety of construction projects.The Royal Architectural Institute of Canada (the "RAIC") also provides some forms, which we have discussed in an earlier published article in our blog. The Canadian Construction Association (the "CCA") also provides a variety of standard forms. The three levels...

23 April

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Buying a Dental Practice: Dentist Business Lawyers – What we do greatly

Posted by Rana Charif

in Business Law

Although medical and dental fields may have some specifications when it comes to business acquisitions, the legal foundation and steps are the same as other business acquisitions.Stage 1: Letter Of IntentA letter of intent is a letter that outlines key terms and conditions of the purchase of the dental clinic. It is not the Agreement of Purchase and Sale itself. It is, as explained in our article for the purchase of medical practices, an agreement to agree. It must be drafted by a lawyer because it can be legally binding, which means that it will impose legal obligations on...

17 April

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Design Law – Lawyer for Architects and Interior Designers

Posted by Rana Charif

in Business Law

Rules Governing Architects and Interior DesignersArchitectsThe Ontario Association of Architects (the "OAA") governs services between architects and users. The OAA's Code of Ethics establishes guidelines that Architects must follow when providing services. These should be reflected in Architects' service agreements, which we can assist in drafting as business lawyers. Typically, architectural services include:the preparation or provision of a design to govern the construction, enlargement, or alteration of a building;evaluating, advising on or reporting on the construction, enlargement, or alteration of a building;a general review of the construction, enlargement, or alteration of a building;planning, urban design, and land-use planning;creating preliminary studies,...

17 April

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Buying a Medical Practice In Ontario

Posted by Rana Charif

in Business Law

Only licensed physicians can purchase a medical practice.Although buying a medical practice may be a safer financial decision, there may be some major adaptations required to continue the process successfully. Buyers are likely required to adapt to current practices and cultures or risk losing patients and staff.From a legal perspective, purchasing a medical practice requires fundamentally the same core steps as other business purchases: Due diligence is the rule of thumb.First Things First: Confidentiality & Non-Disclosure AgreementAlthough some practitioners may wish to shortcut the sale and purchase process and rely solely on a written agreement to complete...

23 November

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Partnership Agreements: What You Need To Know

Posted by Rana Charif

in Business Law

BASICSA Partnership Agreement is an agreement between parties to provide for the terms of a business partnership between partners. Could be more than two. The agreement would typically govern capital contributions, management of the business venture, distribution of profits between partners and loss.NECESSITYI ALWAYS recommend and encourage clients to put any commitment in writing. Colloquially, "talk is cheap". However, when parties put commitments and promises in writing, then sign it, you have your evidence at the tip of your fingers. Although a valid contract may be oral, it is very challenging to prove. As a lawyer, I would happily...

25 October

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What happens when an employment contract gives less than ESA minimums and violates the Law?

Posted by Rana Charif

in Business Law, Employment Law, Litigation

When an employment is terminated, employees should be given a notice period that should follow guidelines in the Employment Standards Act of Ontario, or payment in lieu of notice that would be the equivalent of what would be paid under the notice period. Notice periods vary and they may be found in Part 15 of the Act.Under section 60 of that Act, the employer is mandated to continue paying the employee their normal wage rate as well as making any other benefit contributions until the end of the notice period. In other words, the terms or conditions of the...

07 September

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When should you incorporate? Why? And How?

Posted by Rana Charif

in Business Law

As a business lawyer and an immigration lawyer, we do a significant amount of incorporations for businesses across Canada. Have you been doing business lately without incorporating? This is how most small business owners start: they register a business name, apply for a Master Business License and start working on getting their names out there to start selling and doing business. Entrepreneurs are resourceful, and that also applies to the legal steps that they favor in certain stages.However, once your business begins to generate a certain amount of revenue, it is important to start considering an incorporation. Here are a...

13 August

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How To Be Protected by Canadian Copyright Law

Posted by Rana Charif

in Business Law

Disclaimer: although this article is written by a licensed Canadian Business Lawyer, do not take this as official legal advice for your specific case. Law is complicated because a tiny exception can reject an entire regulatory regime.Copyright is governed by the Copyright Act, R.S.C., 1985, c C-42, which is a federal Canadian statute. When you are protected by Copyright, you are the only person legally capable of reproducing the object that is subject to Copyright protection. You are entitled to this right for your entire life plus 50 years after the year in which you die.You do not...

05 August

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Make Money With Your Intellectual Property – Small Business Lawyer Toronto

Posted by Rana Charif

in Business Law

According to Statistics Canada Surveys on Financing and Growth of Small and Medium Enterprises, Businesses that manage their intellectual Property are: four times more likely to export, sixty four percent more likely to be high growth and thirty two percent more likely to seek financing.Intellectual property ("IP") is when expressions of intellectual or creative pursuits are treated in legal and social spheres as property, with all its resulting implications (e.g., ownership, use, economic transactions, etc.), see here. Some examples of intellectual property are:inventions, such as products and processesthe original visual features of a productliterary, artistic, dramatic and musical creationsexpressed words,...

27 July

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Legal Basics Buying a Franchise – Franchise Lawyer’s Role

Posted by Rana Charif

in Business Law

In Ontario, the sale and purchase of a franchise is governed by the Ontario provincial Statute Arthur Wishart Act (Franchise Disclosure), 2000, S.O. 2000, c. 3 - Bill 33 (the "Act"). The Act was drafted to ensure transparency between a Franchisor and a Franchisee. To protect the Franchisee, section 5(1) of the Act provides that a Franchisor must disclose and deliver all important facts relating to the franchise, financial statements, copies of all relevant agreements to be signed by the Franchisee, and any other statements that help in making the investment decision to the Franchisee at least 14 days before...