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Partnership Agreements: What You Need To Know

BASICS A 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. NECESSITY I 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...

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Family Law Contracts (Domestic Contracts) Explained In a Nutshell

Family Law Firm, arabic speaking family lawyer in mississauga

In Family Law, the courts recognize and consider valid only a few domestic contracts if formed in a specific way as governed by the Law, which in our case, for Ontario, would be the Family Law Act, RSO 1990, c F3. The Family Law Act (the "FLA") governs everything from marriage contracts, to separations, decision-making responsibilities, parenting time or access, child support, spousal support, all division of property all the way to family arbitrations. Domestic contracts are the main way to protect a couple's assets upon separation. Family Law contracts, also called Domestic Contracts as governed by Part 4...

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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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Can Ontario Courts force the sale of a matrimonial home without a spouse’s consent?

Family Lawyer Toronto

When spouses separate, a major source of conflict is the matrimonial home. Separated spouses commonly disagree on what to do with the matrimonial home upon separation. Most of the time, one spouse wishes to continue residing in it whereas the other prefers to sell it. What determines the result in cases like these varies depending on who owns the home, the reason behind the conflict that caused the separation, the reason behind the refusal of the sale, financial means...

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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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Why go for the Provincial Nominee Program in 2021-2023

It is planned that the Provincial Nominee Program ("PNP"), the Quebec Skilled Worker and Quebec Experience Programs as well as the Atlantic Immigration Pilot and Rural and Northern Pilot will be the basis for the expected million permanent residents in Canada between 2020 and 2023. All of these programs are expected to hold much more weight than the express entry programs. Feel free to visit our Instagram page @Canadianimmigration.law for infographics on program basics where we provide fundamental explanations of the Canadian immigration system. The PNP allows Canadian Provinces to separately nominate individuals for permanent residence in Canada to the Federal...

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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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