Practice Areas
Corporate & Commercial
Whether you are the sole owner of a business, or involved in a partnership or a corporation, you will require legal advice on taxation issues, insolvency issues and corporate issues. Partnerships should seriously consider partnership agreements, as prevention is always better than litigation. The creation of a corporation should be done very carefully keeping in mind the rights and obligations of directors, officers and shareholders. Before carrying on a business, one should also consider municipal, provincial and federal regulations and licensing requirements. Finally, the primary concern of a business is to pay as little tax as legally possible. For example, a Canadian-controlled private corporation is entitled to a federal small business deduction and a lower provincial tax rate.
Family Law
Divorces and separations are perhaps the most difficult situations most people will ever have to endure. You are expected to make very big decisions while living through a very emotional experience. Who gets custody of the children? Who gets the house? Must I pay spousal support? Must I pay child support? Must I make a financial disclosure? In order to make the correct decisions, you must be aware of your rights and obligations.
Grievances and Harassment in the Workplace
Both the Canadian Human Rights Act and the Canada Labour Code protect employees from work-related harassment. Provincial human rights laws also prohibit harassment, and the Criminal Code protects people from physical and sexual assault. Ultimately, employers, as controllers of an organization, are responsible for acts of work-related harassment. Regardless of the type of workplace you own or business you operate, you have a responsibility as an employer to make sure your employees do not experience harassment. Normally, a union has procedures allowing an employee to bring a grievance in certain cases of alleged harassment. Alternatively, a complainant may, within one year of the behaviour complained of, file a complaint with the Canadian Human Rights Commission if the harassment was because of race, national or ethnic origin, religion, age, sex, marital status, family status, physical or mental disability, sexual orientation, etc. Often, it is wise for a party to seek legal advice before submitting a grievance or filing a complaint with the Human Rights Commission.
Intellectual Property Law
Whether you are an artist creating works of art or a software company licensing or owning intellectual property, you need to be aware of your rights under the Copyright Act, the Trade-marks Act and the Patent Act. It is important to protect your rights in a licensing agreement so that you can benefit from the fruits of your labour. As an employee, do I have rights over intellectual property that I am creating for my employer? Can a company create or own intellectual property? What happens when there are many people creating intellectual property as a team?
Litigation
Litigation is often very expensive and is usually used as a last resort. When can you sue? Who can you sue? Can you be sued? How much can you sue for? Should you even sue? These are important issues you should determine before you consider litigation as a serious option. The litigation process itself can be complicated and tiresome; you need to identify your underlying interests, be well-informed of each step and have a well-planned strategy and approach.
Alternative Dispute Resolution/Mediation
Given that litigation is very expensive, our firm will always encourage alternatives to going to Court. Alternative Dispute Resolution (ADR) can include settlement conferences, mediation, arbitration, Med-Arb, or simply four-way meetings with clients and counsel. The goal is to “settle” the matter because it is in the best interests of all of the parties to do so. Mediation focuses on the interests of the parties, rather than on their stern legal positions. A good settlement is reached when a win-win situation is obtained for all the parties involved.
Real Estate
For most people, the purchase of a new home is the biggest purchase of their lives. You may be so excited that you may not consider the legal implications of your purchase. It is extremely important to ensure that you have good title, that there are no Planning Act violations, that there are no unpaid taxes and that there are no restrictions on the use of your property, among many other things. You need to be informed about title insurance, about ONWHP for newly built homes, about the GST New Housing Rebate, about the Condominium Act for condominium purchases, about your loan transaction (mortgage), and about many other related topics. You also need to be informed of your potential remedies should something go wrong.
Tax Law
Almost everything you do these days has a tax implication. The law is no exception. There are tax implications in family, real estate, estates and commercial situations. There are many deemed dispositions that are imposed by the Income Tax Act which may have devastating effects on transfers of property. Find out what your rights are. A particular tax rollover (deferral) may apply to you and/or your business.
Wills & Estates
Regardless of the size and magnitude of an estate, a Will is highly recommended. You may be surprised to learn how many beneficiaries fight over the estate of a deceased. A Will ensures that, upon your death, your belongings be given to the individuals you have chosen. A Power of Attorney for Personal Care ensures that someone you trust will make the important health and personal care decisions if/when you become incapable of making those decisions. Similarly, a Power of Attorney for Property ensures that someone you trust will make the important property-related decisions if/when you become incapable of managing your own property. Without these Powers of Attorneys, the State can appoint a Guardian to take control of such matters.