What’s Old is New Again in Ontario with Bill 47’s Sweeping Employment Law Changes

On June 1, 2017, following two years of consultation, Ontario’s Liberal Government unveiled the Fair Workplaces, Better Jobs Act, 2017 (“Bill 148”), which introduced some of the widest-sweeping changes to Ontario’s employment legislation in the province’s history. The changes did not last long; less than one year after Bill 148 was passed, Premier Doug Ford’s …

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 Does a Business Setting Up in Canada Need to Know About Canada’s Tax Rules?

Canada’s tax rules are complex and subject to change. The information contained herein is not, and is not intended, to be a comprehensive overview of Canada’s tax system. Canada’s federal income tax system for businesses and individuals is governed by the federal Income Tax Act (Canada) (“ITA”) and its regulations. Businesses operating in Canada might also be affected by …

The Top Trends in Cross-Border M&A: What to Watch For

In the first half of 2018, according to a report by PWC Canada, mergers and acquisitions (“M&A”) activity in Canada hit $93 billion. This is largely attributable to increased activity in the cannabis, technology, real estate and energy sectors. This trend is likely to continue for the rest of the year despite the current climate …

What Cross-Border Employers Need to Know About Applicant/Employee Background Checks

When it comes to being a cross-border employer, there are plenty of Canadian and United States laws to consider, and some of those laws regards how to conduct proper applicant/employee background checks. This piece reviews a number of background check nuisances as they exist in the United States versus Canada including: (1) How the Law …

THE UNITED STATES-MEXICO-CANADA AGREEMENT (USMCA) – WHAT YOU NEED TO KNOW NOW

The United States, Canada, and Mexico reached a trilateral agreement as part of the renovation of the North American Free Trade Agreement (NAFTA) on September 30, 2018.  Preliminarily styled the United States-Mexico-Canada Agreement (USMCA), the text is available at https://ustr.gov/united-states-mexico-canada-agreement-text.  The negotiators from all three countries deserve high praise for their efforts to conclude the …

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 …

The Economics of a Master Franchisee Deal Must Be Mutually Beneficial

Master franchising can be an effective strategy for growing your franchise system in a new territory or country. Paramount to the long-term success of a master franchise deal is ensuring that both master franchisor and master franchisee negotiate an agreement which is economically beneficial to both parties. Let’s look at some key elements that go …