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

Employment Lawyer Toronto Rana Charif

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...

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When should you incorporate? Why? And How?

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...

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How To Be Protected by Canadian Copyright 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...

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Make Money With Your Intellectual Property – Small Business Lawyer Toronto

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,...

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Legal Basics Buying a Franchise – Franchise Lawyer’s Role

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...

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Remedies for Breach of Contract

To avoid contract disputes and the domino effect of a badly written contract, it is important to hire an experienced and detail-oriented contract lawyer to professionally draft your contracts. That would be the best preventative measure to ensure that you are legally protected years ahead. However, if there has been a breach of contract, this is what you need to know. Broadly speaking, the remedies for breach of contract are threefold. Monetary Awards A monetary award in Canadian dollars or damages is the standard remedy for breach of contract. When calculating this award, the importance lies in considering the recognizable heads of...

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What is an Asset Purchase? When to opt for it.

When looking to invest or grow a business, a common investment strategy is the purchase of another business's shares or assets. Another option is statutory amalgamations which will be discussed in another blog post. Share Purchase Transactions Share Purchase Transactions, on the one hand, represent approximately 65% of private equity acquisitions in Canada. A "Share Purchase Transaction" is when a buyer buys some or all of a company’s shares. In a partial share sale (less than 100% of the shares), the buyer will become a shareholder alongside the other shareholders of the company. From a legal conveyancing perspective, the simple delivery...

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Is the Startup Visa program for you? Debunking the biggest misconception.

Many entrepreneurs around the world are interested in the startup Visa program that Canada has launched permanently a few years ago. Many of them believe that merely having a startup in Canada or the goal of establishing a startup in Canada qualifies them for the program. Unfortunately, that is not the case. The reason this program is very attractive to most foreign entrepreneurs is that it offers permanent residence upon the success of the Visa. To be eligible for this program however, one of the mandatory requirements, which is the most difficult requirement to satisfy, is to be endorsed by an investment...

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