Cross-Border & Canadian Business Blog
Exploring cross-border business opportunities and trends.
A version of this article was originally published in RENX.ca What happens when a commercial tenant has the option to purchase the property that it is leasing but the parties cannot agree on the value? The simple answer is to do what the lease says. If they don’t, it can result in the loss of …
Continue reading “When Appraisals Clash: Lessons from a Commercial Property Dispute”
The question of when a lawsuit can be commenced in Ontario seems pretty straightforward – in general, a plaintiff has two years from the date when the basis for a claim is (or should have been) discovered. It sounds simple enough, and oftentimes, it is. However, a few recent decisions from the Ontario Court of …
Temporary Employment Agencies (TEAs) should become familiar with a change to the Workplace Safety and Insurance Act, 1997 (“WSIA”)[1], which creates a new classification, 001281, added to Class L. Traditionally, for premium setting with the Workplace Safety and Insurance Board (WSIB) under the WSIA, TEAs report and pay premiums for labour provided based on their …
Continue reading “Support for Temporary Employment Agencies: WSIA Changes Ahead”
In 2021, the self-proclaimed “Crypto King,” along with an associate, paid a $500,000 deposit to purchase a commercial real estate property to store their exotic car collection. The “Crypto King,” Aiden Pleterski, had received more than $40 million from investors who thought they were investing in cryptocurrency. The investors had never authorized Mr. Pleterski to …
Continue reading “Court of Appeal Decides Fate of “Crypto King” $500,000 Deposit”
In the property management industry, where everything is deeply competitive, a critical question is whether or not a property manager is entitled to switch from one property management company to another and, at the same time, continue servicing the same condominium building with the property manager’s new employer. For example, suppose John is a property …
Continue reading “When Property Managers Change Jobs: Who Keeps the Client?”
Most people likely understand the risks of trying to rely on an oral agreement to vary the terms of a commercial lease. Nonetheless, parties often get into disputes over whether there was an oral agreement that varied the terms of a lease. A recent Ontario decision, Parkland Corporation v. Caledon Fuels Inc.[1], confirms the risk …
Continue reading “Commercial Lease Modifications: Why Oral Agreements Don’t Hold Up in Court”
Corporate lawyers in Canada tend to follow decisions of the Delaware Courts involving corporate governance and shareholder matters, as decisions of the Delaware Courts are often a bellwether as to how certain aspects of corporate law may evolve in Canada, or at least be considered. The recent Decision of the Delaware Court of Chancery, West …
Continue reading “Delaware Corporate Law to Follow Canadian Corporate Law”
On January 1, 2024, the Canadian Intellectual Property Office (CIPO) introduced significant increases to the government fees it levies on actions before the Canadian Trademarks Office, including fee increases of over 30% for filing applications and renewing registrations. Similar fee increases have also been implemented for opposition and non-use cancellation proceedings, among other transactions. With …
Continue reading “Are You Getting Bang for Your Buck with Canadian Trademarks?”
Dissent rights, entrenched in most provincial corporate statutes, grant shareholders the power to contest significant corporate changes and compel the corporation to repurchase their shares at a fair market value. Central to the enforcement of these rights is the statutory framework, which can result in either an amicable valuation agreement or a court-mandated determination of …
Continue reading “Dissent Rights and Shareholder Agreements – New Ruling Provides Guidance”
This column was originally published on RENX.ca. When a deal to buy and sell land for development goes awry, an innocent purchaser can sue for the damages suffered. However, in most cases, the measure of damages will be the difference between the purchase price of the land and the market value on the closing date. Lost …