October 17, 2017As lawyers we are often guiding our clients on defining the “business of the company”, so I thought I’d write a post on this topic. “Business of the company” is formally declared in several circumstances and for several reasons.
October 17, 2017This article discusses the right of first refusal clause (ROFR), often seen in the shareholders' agreements or directly in a company's articles of incorporation.
October 17, 2017We had previously written an article on the selection of a business name, and as well a second article on defending your business name. I thought I would write an article about changing a company’s business name.
October 17, 2017When most of us think about directors of corporations, what comes to mind is the hefty pay (at least in bigger corporations), the prestige, and the power. But with power comes responsibility; the subject of our discussion.
October 17, 2017This article provides an overview of the steps involved in issuing shares, once the negotiations with investors have been completed. The process includes the four (4) steps.
May 25, 2017This article posted on our partner site Mondaq.com reviews the case in which a golf ball manufacturer raised a complaint against Costco, who in turn brought an action for a declaration of non-infringement
May 17, 2017This article posted on our partner site Mondaq.com seeks to explain the purpose of a specific provision in governing law clause 'without regard to conflict of law principles'.
April 25, 2017This article posted on our partner site Mondaq.com highlights the major issues in an important patent infringement case relating to the disgorgement of profits in Canada. The Federal Court of Canada found in favour of DOW Chemicals in a case of patent infringement.
February 02, 2017This article posted on our partner site Mondaq.com discusses the importance of executing Intellectual Property assignment agreements when companies collaborate on research projects.
December 01, 2016This article posted on our partner site Mondaq.com looks at case law to show how in some instances indemnification can be argued as a party waiving its right to limit its liability.
October 27, 2016Part 4 of 4 of Canadian Articles of Incorporation: The importance of strategically selecting the number and attributes of your business’ director(s).
October 27, 2016Part 3 of 4 of Canadian Articles of Incorporation: There are multiple considerations that an entrepreneur must take when selecting their business’ official name.
October 27, 2016Part 2 of 4 of Canadian Articles of Incorporation: The next factor to consider is what the entrepreneur wants to achieve through their articles of incorporation.
October 27, 2016Part 1 of 4 of Canadian Articles of Incorporation: Incorporating a business can be one of the most important decisions any entrepreneur makes in establishing their business and it is usually one of the first decisions they have to make.
June 01, 2016This article posted on our partner site Mondaq.com explores the benefits to Canadian entrepreneurs of using both Canadian and American based corporations.
January 11, 2016This article posted on our partner site Mondaq.com explains the benefits of a shareholders' agreement by analogizing the agreement to a marital agreement as well as descussing compulsory buy-out clauses.
August 20, 2015This article posted on our partner site Mondaq.com looks at how limitation of liability is negotiated against indemnity through measures like caps, time periods, and using qualifying language in the agreement.
June 19, 2015This article posted on our partner site Mondaq.com is helpful in understanding the role Competition Bureau plays in the enforcement of intellectual property rights.
November 23, 2014This article posted on our partner site Mondaq.com discusses the use of a shareholders' agreement to confront the challenges that arise when building a successful company.
September 24, 2014This article posted on our partner site Mondaq.com refers to a recent Tax Court of Canada decision to make it clear that a corporation can now receive the tax benefits offered to Canadian-Controlled Private Corporations even though the majority of its shareholders are non-residents.
February 24, 2014Once your company has started to gain some 'traction' (subscribers, customers) you will turn a corner where it has its own brand and identity. At that point in time you will likely want to protect that identity with a trade-mark.
November 13, 2013This article posted on our partner site Mondaq.com highlights some considerations for software licensees and licensors vis-a-vis governing law and dispute resolution.
October 01, 2013This article posted on our partner site Mondaq.com provides a brief description on how the clean technology is emerging into a global industry.
October 01, 2013This article posted on our partner site Mondaq.com states that entire agreement clauses can be used to prevent consumers from relying on promises from software vendors that are not exclusively in the written agreement.
July 19, 2013This article posted on our partner site Mondaq.com explores five of the most common clauses in shareholders' agreements: shotgun clause, hard right of first refusal, soft right of first refusal, drag along provision and tag along provision.
June 14, 2011This article posted on our partner site Mondaq.com points out that the language of indemnity (maximizing damages received) is at odds with that of limitation of liability (minimizing damages given), so they should be considered in conjunction.
February 18, 2011This article posted on our partner site Mondaq.com discusses certain issues that should be resolved and addressed when developing a shareholders' agreement.
October 31, 2007This article posted on our partner site Mondaq.com explores ways in which a comprehensive intellectual property management program creates new opportunities for cost savings, tax efficiencies, and competitive advantage.