PLZ Law Blog

Category Archives: Corporate & Private Business

Wrongful Dismissal and the Importance of the Employment Contract

Date: March 22, 2011 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

Employees who are wrongfully terminated may have recourse. Suing for “Wrongful Dismissal” may allow the employee to recover some damages that were caused by the employer. “Wrongful Dismissal” requires that there was a contract of employment, and that the contract has been breached by the employer. In order for employers and employees to understand their ...

Should the RCMP Unionize? Share Your Views.

Date: February 3, 2011 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

When it comes to labour law, the existence or non-existence of unions in a certain field can make all the difference. With this in mind, members of the Royal Canadian Mounted Police, our Federal police force, are bringing the debate as to whether or not the force should unionize to the internet. In April 2009 ...

Canadian Government to Provide “Window” into Decision-Making After Blocking BHP’s Potash Bid

Date: November 17, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

The Canadian Government is set to establish rules with respect to foreign investment within the month after it blocked BHP Billiton of Australia’s $39 billion hostile bid for Saskatchewan’s Potash Corporation, which would have been the biggest takeover this year, on the grounds that it would be bad for Canada. According to industry Minister Tony ...

You Just Discovered Cheques were forged on your Bank Account

Date: August 12, 2010 | Author: Nick Porco, BA, JD

Forged cheques present a real threat to the ongoing viability of any business. As a small business owner you trust your employees to oversee marketing, sales, staffing and accounting. But what happens when you are not diligent in reviewing cancelled cheques, and worse your employee has forged cheques for the past several months. The first ...

INCOME TAX LAW: A Share Purchase vs. an Asset Purchase of an Incorporated Business

Date: May 4, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

This article is attempting to illustrate the type of reasoning necessary in order to decide if an asset purchase or share purchase of an incorporated business is best. As well as what short of spin-offs, butterflies or other divisive reorganizations for tax planning would be advantageous when purchasing a company that may have more than one location or ...

PARTNERSHIPS: Limited Partnerships (LP) vs. Limited Liability Partnerships (LLP)

Date: May 2, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

Limited partnerships are formed to carry on any business that a general partnership can also do. Its principal feature is that the liability of each limited partner is limited to the amount of money or other property that partner contributes. According to the Limited Partnerships Act, a limited partner may contribute money or property to ...

PARTNERSHIPS: The essentials on a General Partnership.

Date: May 1, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

As partnerships are normally comprised of more than one decision-maker, rules to provide a framework for the relationship between the partners carrying on business together, and to determine the rights of third parties dealing with the partnership, were developed by the courts of common law. Codified in the Partnerships Act, such law provides that the rules ...

REAL ESTATE: Depending on the age and type of property, the following off title searches may be necessary!

Date: April 28, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

Occupancy permits: For a newly built or renovated dwelling or an extension or addition thereto, it is necessary to find out whether or not the local municipality has issued an occupancy permit under its building by-law or property standards by-law or under the Ontario Building Code. However, there could be several reasons why an occupancy permit ...

FRANCHISING vs. LICENSING and CHARITIES vs. NON-PROFIT ORGANIZATIONS

Date: April 26, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

The Franchise Relationship & Licensing Transferring from one person to another, information or industrial or intellectual property rights to enable the transferee to engage in a commercial activity is the basis of franchise and licence agreements, yet simply just another form of contractual relationship. Business entities between them can make a franchise or license agreement of ...

BUSINESS: Sole Proprietorships, Partnerships, Limited Partnerships, Limited Liability Partnerships, Corporations & Joint Ventures

Date: April 24, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

The most basic form of business organization, used in a wide variety of circumstances, is called a sole proprietorship. Such organizations are relatively inexpensive to set up and require few legal formalities. In fact, a sole proprietorship comes into effect when an individual carries on business for his or her own account without the involvement ...