Trezzi v. Trezzi: Can You Gift Assets You Do Not Own?

The Ontario Court of Appeal recently upheld a gift made to beneficiaries under a will, despite the assets being owned by a corporation, and not the deceased himself.  This is an important decision that will affect estate planning and will construction.  In particular, testamentary gifts that may previously have failed may now be valid. In …

Key Considerations For A Franchisor Exit Strategy: The M&A Deal

Acquisitions of other businesses, to strategically grow an existing business or as a financial investment aimed at earning a good return, have been around since the beginning of modern commerce.  However, historically, franchise companies grew organically, with traditional financing, as needed.  Exit strategies for the entrepreneur-franchisor were often very low on the strategic plan. Today, …

What are The First Steps to Set Up a Business in Canada?

For many American or foreign businesses, the idea of setting up operations in Canada often evokes one of two very different reactions.  Often, Canada is viewed by Americans as the fifty-first state (albeit a large and cold one); while others view their northern neighbour as very much a foreign country with foreign laws.  The truth …

Can You Protect the Intellectual Property of Your Cannabis Strains? It Takes a Creative Legal Approach

Northern Lights. Pineapple Express. Blue Dream. For those who aren’t aware, each of these names refers to a popular strain of cannabis. It used to be taboo to say them out loud. But now that cannabis is rounding the home stretch and racing toward full legalization in Canada for recreational use, these strains and a whole host …

What Canadian and American Employers Need to Know about Recent Amendments to Ontario’s Updated Labour Relations Act

Following our post published last week about Ontario’s updated Employment Standards Act, we wanted to provide an update on the major changes now in effect for the Labour Relations Act (LRA) as a result of The Fair Workplaces, Better Jobs Act, 2017 which came into effect at the beginning of this year.  Canadian employers and …

What Canadian and American Employers Need to Know About Ontario’s Updated Employment Standards Act

Understanding and complying with Provincial employment and labour law is essential for businesses who have employees who perform work in Ontario.  The Fair Workplaces, Better Jobs Act, 2017 has made significant changes to both the Employment Standards Act (“ESA”) and the Ontario Labour Relations Act.  Many of these changes came into force on January 1, …

What Can Ontario Cannabis Consumers Expect As the Senate Votes on the Cannabis Act

Everyone is holding their breath this week waiting for the Senate to finally vote on the Cannabis Act. By all indications, the vote will be positive which means that the provinces can move forward with their preparations for the legalization of recreational cannabis. So what can consumers expect when they finally get to walk into …

What Steps Should your Company Controllers Be Taking for GDPR Compliance?

You may have read recent media reports about the EU’s General Data Protection Regulation (GDPR) which came into force on May 25, 2018. This legislation aims to enhance individuals’ protection from privacy and data breaches and improve how organizations approach data privacy. Practically speaking, the GDPR will impact individuals and companies around the world, not …

How to Develop a Cyber Attack Incident Response Plan – A List of Key Considerations

Along with my colleagues on the Dickinson Wright Cybersecurity Team, I recently attended the Incident Response Forum in Washington, D.C. The Forum, sponsored by Dickinson Wright, brought together the top government cyber-prosecutors and cyber-investigators, attorneys and experts who specialize in data breach response.  These experts discussed the most important and timely data breach response topics. After …