Author archive: conductlawsysadmin

Probate or Certificate of Appointment of Estate Trustee

Probate or Certificate of Apointment of Estate Trustee as its now known in Ontario is a court’s legal confirmation of a Will as well as an estate trustee’s authority. Probate is not always required, but mandatory in many estate administrations. Most financial institutions, for example, require proof that they are in fact transacting with the…

Securing debt obligations

Lenders are usually focused on ensuring the debtor paying debt owed, but should also be focused on securing debt obligations. The lender will be thankful for its security if the debtor ever encounters financial difficulties. To do so, a lender must ensure its security is properly registered and perfected. The Ontario Personal Property Security Act…

CONDUCTLAW JOINS NEXTLAW GLOBAL

CONDUCTLAW JOINS NEXTLAW GLOBAL REFERRAL NETWORK Will connect clients to top tier legal talent around the world   March 7, 2017, Ottawa – ConductLaw today announced it has joined Nextlaw Global Referral Network, enabling it to connect its clients to high quality lawyers around the world. Nextlaw Global Referral Network is the largest legal referral…

Starting Franchise Business

Are you thinking about starting a franchise business?  A franchise relationship allows the franchisee’s business to grow faster than it would using its own resources.  A franchise is a long-term contract between a franchisor and franchisee. The franchisor (owner) transfers a trade-mark or trade name to the franchisee for use in its business. A franchise…

Oppression Remedy For Shareholders

The Oppression Remedy is a powerful for shareholders.  To bring an oppression remedy, an applicant must meet a two-part test. First, the applicant must identify the expectations that he or she claims have been violated and establish that the expectations were reasonably held. Second, the stakeholder must then show that those reasonable expectations were violated…

Corporate Shareholder Benefits

Shareholders should be aware of corporate shareholder benefits and subsection 15(1) of the Income Tax Act (ITA). When the CRA audits a private corporation, it uses subsection 15(1) to ensure transactions are properly recorded. Subsection 15(1) states that where a corporation has conferred a benefit on a shareholder, the value of that benefit will be…

Employment Agreements For Employers

An employment agreement is essential for employers and employees.  Some employers and employees believe that an oral or verbal agreement is enough, or that current legislation will help them if the relationship turns sour. Although an oral or verbal employment agreement is valid in law, there are many benefits to a written employment contract and…

Personal Trusts in Estate Planning

Family pets can be of utmost importance for estate planning purposes.  The recent case from the Saskatchewan Court of Queen’s Bench brought clarity into the court’s treatment of family pets. In that case, a husband and wife were divorcing and could not agree on where their two dogs should live. The wife wanted the court…

How To Dissolve A Corporation In Ontario

If you want to know how to dissolve a corporation in Ontario, you must first seek consent from the Ministry of Finance. Once consent is received, the corporation has 60 days within which to file articles of dissolution. If a corporation has been dissolved, but property remains in the dissolved corporation after a three-year period, the Forfeited Corporate Property…

Canadian Controlled Private Corporations

Canadian Controlled Private Corporations (“CCPC”) enjoy numerous tax benefits. For example, a sale of CCPC shares may qualify for the Lifetime Capital Gains Exemption, CCPCs enjoy a small business deduction and they may be eligible for the Scientific Research and Experimental Development (“SR&ED”) Tax Credits. Therefore, many seek to ensure their business falls within the…

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