Working capital not for the faint of heart
In my work as a mergers and acquisitions lawyer, I have noticed there is a concept that is consistently argued about at every stage of negotiations including after a transaction closes — the concept of “working capital” in business transactions. The trouble with the term is its malleability in definitions: it is an accounting term, […]
The Necessity of Termination Clauses in Employment Contracts
In an ever-evolving business landscape, independent contractor and fixed-term employment contracts have gained popularity. These agreements provide flexibility, promote efficiency, and cater to a variety of organizational needs. However, the recent ruling from the Ontario Court of Appeal [2023 ONCA 413] underscores the importance of incorporating termination clauses in these contracts. The Rise of Independent […]
Understanding the Timeframe for Asserting Construction Liens
In the fast-paced world of construction, meeting deadlines is crucial to maintaining smooth operations. However, one set of deadlines that often falls under the radar, with potentially severe consequences, relates to construction liens. These legal claims are a key tool for parties seeking payment for their work, but they come with strict timeframes that, if […]
Employment Law in Ontario: How to Avoid Common Pitfalls
Navigating the complexities of employment law can be a challenging aspect of business management. Understanding the legislation and staying updated with ongoing changes are crucial to maintain compliance and avoid costly legal disputes. This article offers practical advice for employers and employees to avoid common pitfalls and stay compliant with employment law. Understanding Employment Law […]
Mareva injunctions in absence of substantive evidence
Mareva injunctions, colloquially known as “freezing orders,” have long been a powerful tool in litigation. The effect of these orders is to freeze bank accounts, put charges on title for property and notice to all creditors that there is a Mareva in place. These orders were meant to be particularly useful in situations where there […]
Corporate Restructuring: Legal Challenges in Growth & Expansion
Corporate restructuring is a pivotal phase in a business lifecycle, especially in startup environments. It involves a comprehensive overhaul of a company’s operational and legal structure, driven by the need to adapt to market changes, enhance operational efficiency, or position the business for growth. This article delves into the legal aspects of corporate restructuring, providing […]
Streamlining justice: Replacing motions to reduce court delays
It’s safe to say that civil litigators (and subsequently their clients) are all having issues involving court delays, wait times and backlog. Many reforms have been put into place to improve this backlog including: the movement towards alternative dispute resolution; removing matters for court delay and the movement of matters to be heard in writing. […]
The Unanimous Shareholder Agreement: Beyond Articles of Incorporation
The Unanimous Shareholder Agreement (USA) Plays A Pivotal Role In Delineating Corporate Operations. This Is Particularly True For Small Businesses And Specific Industries Like Construction. In Corporate Law, The Articles Of Incorporation Are Often Considered The Cornerstone Documents That Outline A Corporation’s Fundamental Operations. However, The USA Must Be Considered To Be Another Crucial Document […]
ESG & Shareholder Activism: Empowering Investors for Change
ESG (Environmental, social, and corporate governance) and shareholder activism has significantly transformed the corporate landscape. Today, investors are not just passive participants; they actively shape corporate strategies and influence changes. From large corporations to small businesses, understanding ESG standards, shareholder activism, its legal foundation, and its implications is key in the contemporary investment scenario Understanding […]
Privacy Law: Exploring the Tort of Intrusion Upon Seclusion
In a world where privacy is becoming increasingly valued, understanding the legal framework that protects it is vital. A significant concept in privacy law is the tort of “Intrusion upon Seclusion,” a crucial element that applies across sectors, from small businesses and real estate to construction. Understanding Intrusion Upon Seclusion in Privacy Law The tort […]