PFD | BusinessBy Jessica Schmitt
When a business is operated as a joint stock company, it may be sold through a share or asset sale. In most cases, the seller will require a share sale for tax purposes. It is generally the buyer's responsibility to draft the sale documents. When acquiring a business, regardless of the value of the transaction, it is critical that the buyer seek legal advice. Here's why.
PFD | BusinessBy Stéphane Jetté Lawyer
It is well known that the Canadian population is an aging one. However, did you know that a staggering 72% of business owners are expected to exit their businesses over the course of the next 10 years. Among business owners, approximately 25% plan to sell their business to family members and 21% to transfer them to family members at no cost . These family handovers highlight a number of important issues which need to be considered well ahead of time to maximise the benefits of these handovers for all the parties involved.
PFD | BusinessBy Isabelle Thiffault Lawyer
In recent weeks, the Act to facilitate the disclosure of wrongdoings relating to public bodies (the "Act") has been in the headlines following the widely publicized decision by Minister André Lamontagne to dismiss a government agronomist who leaked confidential documents claiming that the private sector had interfered in a public study on pesticide use.
PFD | BusinessBy Martin Laurendeau Lawyer, Jean-François Carrier Lawyer
On October 9, in connection with the impending legalization of cannabis in Canada, United States Customs and Border Protection amended a notice to travelers to the US.
PFD | BusinessBy Jean-François Carrier Lawyer, Martin Laurendeau Lawyer
On October 17th, legislation providing for the legalization of marijuana will come into effect in Canada.
Among the negative impacts of the legislation is that individuals who work in the cannabis industry, either directly or indirectly, risk being banned for life from entering the United States.
PFD | BusinessBy Francis Chaussé Lawyer, Shane Goldman
A recent decision by the Supreme Court in Mennillo v. Intramodal inc. (2016 SCCC 51) raises the issue of formality in corporate law. Canada's highest court ruled that failing to meet the criteria stated in the Canada Business Corporations Act does not automatically give rise to a claim for oppression.
PFD | BusinessBy Jessica Schmitt
In a recent ruling, the Court of Appeal was tasked with deciding the issue. The context was simple.
The tenant, sought to lease the property in dispute to operate a wholesale deli meats business. The lessor was aware of the project even before the lease was signed. However, there was no clause in the lease that guaranteed that the activity was in compliance with zoning bylaws. The tenant had clearly assumed that there were no regulatory obstacles to the project.
PFD | BusinessBy Marie-Sophie Marceau Lawyer
On September 12, the Court of Appeal of Québec handed down an important decision on the liability of an investment advisor in the context of a financial crisis.
PFD | BusinessBy Richard Gendron
PFD | BusinessBy Francis Chaussé Lawyer
February 14, 2016, will mark the fifth anniversary of the coming into force of the Business Corporations Act (hereinafter, the Act), which replaced the Companies Act and provides corporations in Québec with a system of law that is better suited to their needs.
PFD | BusinessBy
Particular attention should be paid to transactions between family members and those involving a company and its controlling shareholders since certain tax mechanisms could lead to negative consequences for these taxpayers.
PFD | BusinessBy Jean-François Mallette Lawyer
Unfortunately, insults and defamation have been running rampant in recent years, especially in light of the sense of impunity of certain online contributors who hide behind anonymity or an online persona to slander and discredit their victims.
PFD | BusinessBy Marie-Pier Parent
It isn't always easy to choose a name for a business. Naming your new baby is much simpler than naming your new venture since, unlike your child's name, the company name must comply with several laws and regulations.
PFD | Business
NEW LEGISLATION FOR THE BUSINESS SECTORBy Stéphanie Provost Lawyer, Marc D'Aoust, Alexandre Lebeau Lawyer
On February 14, the Business Corporations Act came into effect, superseding certain parts of the Companies Act. Below is an overview of some of the changes.