A Joint Venture Agreement ( “JVA”) creates a legal entity through a contract, and identifies the major rights, duties, liabilities and obligation of each participant in the joint venture. One of the advantages of a joint venture is that each of its members maintains a distinct legal entity from the others and each will only [...]
On January 12, 2012, Canadian Prime Minister, Steven Harper, said during his meeting with Chinese Ambassador Zhang Junsai that the Canadian government is “committed to moving Canada’s relationship with China forward by focusing on deepening economic ties, including opening new markets, and setting the foundation for long-term growth.” China is Canada’s second-largest trading partner, next [...]
Canada employs a self-assessment tax system. What this means is that without vigilant and continuous inspection of tax returns through the auditing process, the integrity of our tax system may be jeopardized. Accordingly, the Canada Revenue Agency (“CRA”) states that the primary purpose of its tax audit is to “monitor and maintain the self-assessment system”. [...]
Last week, Ontario’s Superior Court of Justice released its decision in Elfarnawani v. International Olympic Committee[i], granting an order staying the plaintiff’s claim on the grounds that the Ontario court had no jurisdiction over the matter. The claims of the plaintiff partially stemmed from information that the foreign defendant had posted on its website concerning [...]
In the recent case of Neumann v. Canada, 2011 BCCA 313, the B.C. Court of Appeal overturned a jury verdict awarding Hal Neumann damages amounting to $1,300,000 against the Canada Revenue Agency (CRA). The basis of the claim was that the CRA had infringed the constitutional right of Neumann to be secure against unreasonable search [...]
In the recent decision of T A & K Enterprises Inc. v. Suncor Energy Products Inc., the Ontario Court of Appeal considered the exemption provided by Section 5(7)(g)(ii) of the Arthur Wishart Act (Franchise Disclosure), and confirmed that a franchisor is not required to provide a disclosure document where i) the franchise agreement is not [...]
The province of Manitoba passed The Franchises Act in June, 2010, and has now released draft franchise regulations for public consultation. The draft regulations, while similar to those of other provinces with franchise legislation, also contain significant differences. Most notably, the draft regulations contain rules with respect to instances when a disclosure document is delivered [...]
In Monte Cristo Investments v. Hydroslotter Corporation, the plaintiff was successful on a motion for summary judgment seeking an order to enforce a default judgment obtained in California against a defendant resident in Ontario. The plaintiff Monte Cristo Investments entered into two written agreements with the defendant Hydroslotter, under which Monte Cristo invested $500,000 in [...]
On October 17, 2011, the Ontario Superior Court of Justice held in Davies v. Davies, 2011 ONSC 6105 (CanLII) that the lack of a certificate of independent legal advice (ILA) rendered a couple’s agreement to arbitrate unenforceable. The Court noted that although any domestic contract can be enforceable without independent legal advice for both parties, [...]
In Wayne Crookes and West Coast Title Serach Ltd. v. Jon Newton (2011 SCC 47), the Supreme Court of Canada has confirmed that a hyperlink, by itself, should never be seen as “publication” of the content to which it refers. Rather, it is only “when the hyperlinker presents content from the hyperlinked material in a [...]
