Introduction In my most recent blog, I described the duties of a person who is appointed Attorney under a Continuing Power of Attorney for Property (“POAP”). Not only is it critical for an Attorney under a POAP to know her/his duties which the law imposes, but the importance of understanding the limits the law places…

Are you acting under a Continuing Power of Attorney for Property? If so, you may want to read this. Introduction: An overarching principle which applies to you as Attorney is to act so as not to do or omit to do anything that would harm the person who appointed you (the grantor) and for whom…

Current events have brought attention to the importance of understanding how Ontario law provides for others to make decisions on behalf of loved ones who are no longer able to do so concerning their health care, including as they face the end of life. What is a Substitute Decision Maker? Under the governing law in…

What is a letter of intent? A letter of intent is a document used to provide the parties to a proposed transaction with the opportunity to reach an understanding on the key business terms and to lay out the general framework for the final binding agreement of purchase and sale (the “APS”). What are the…

If you are, have you spoken to an experienced franchise lawyer? Franchising has proven to be a preferred business model for a wide variety of industries. Successful franchises provide a considerable number of jobs and generate impressive revenue numbers. It is critical that a prospective franchisee obtain professional advice and guidance prior to completing the…

Starting up a new business with one or more other parties requires focus, energy, commitment and co-operation. The typical process includes retaining legal and accounting/tax advice. Another usual component is a strategic business plan developed by the intended new owners. In addition, the business will likely require financing, and sourcing that funding will be an…

Succession Planning for the Family Business

Do you want to someday successfully transfer the family business to the next generation? Don’t wait until the later stages of a founder’s life to create a plan. Do it earlier, when time is on everyone’s side. Many plans require a significant number of years to allow for effective tax planning and proper integration of…

Starting Your Own Business

People who want to start their own business get excited at the prospect of being their own boss, seeing their ideas evolve into reality and earning large profits. But ask yourself: Do you have a good business plan?  Is the necessary funding in place? If a technology business, is your intellectual property protected? Do you…

Buying or Selling a Business

Are you considering buying or selling an existing business?  Typically, businesses change hands by way of the purchase and sale of shares or the purchase and sale of assets. Do you understand the differences between these two methods? Do you know which method would be best for you? There are important strategies involved in negotiating…

shareholders agreement

Are you about to form a company with another person? Are you one of the shareholders of an existing company operating without a shareholder agreement? Then you should have a written agreement covering such things as: Rights and obligations of shareholders Restrictions on the sale of shares, and how a shareholder can exit the company…

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