As of October 1, 2020, private companies in British Columbia have been required to comply with disclosure requirements regarding their company’s beneficial ownership and control with the purpose of increasing corporate transparency to end hidden ownership.
The British Columbia Small Business Venture Capital Act creates two programs designed to encourage investment in early-stage companies in emerging industries in British Columbia: the Venture Capital Corporation program and the Eligible Business Corporation program.
Beginning January 1, 2023, the federal government’s Prohibition on the Purchase of Residential Property by Non-Canadians Act (the “Act”) will come into effect across Canada, resulting in what is being referred to as the foreign home buyer ban.
The Canada Business Corporations Act (“CBCA”) was amended effective August 31, 2022 to require shareholders of a public company governed by such legislation to vote “for” or “against” directors at annual meetings of shareholders.
Over 80% of businesses around the world are family-owned businesses. Specifically, Canada’s family businesses employ 4.7 million full-time employees, and the total annual sales of Canadian family businesses is $1.3 trillion.
For a host of reasons, folks often enter contracts through verbal agreement either not fully appreciating that they are entering into a binding contractual relationship or because one or more parties has refused to agree to reduce the contract to writing.
Intra-company disputes often involve two broad categories of remedies: oppression: where a minority shareholder claims they are being disadvantaged by the majority in some fashion and seek to have the court exercise its broad statutory discretion to correct the issue; and derivative actions: where a shareholder or director seeks to have the court compel a […]
In my earlier article, Defamation, the Protection of Public Participation Act and Strategic Lawsuits Against Public Participation, I wrote about the Protection of Public Participation Act (the “PPPA”), a piece of legislation aimed at combating strategy lawsuits against public participation (“SLAPPs”).
As discussed in my previous article, COVID-19, Builders Liens and Limitation Periods, since March 26, 2020, limitation periods in BC were suspended. This suspension was listed as of April 15, 2020 for builders lien issues.
As was discussed in my previous article, Property, Parties, Price – How Far the Court Will Go to Insert the 3 P’s of Real Estate into a Contract, it is critical that parties to a contract of purchase and sale for real property take the time to properly document the terms of their contract.
On March 17, 2020, Dr. Bonnie Henry, B.C.’s Provincial Health Officer, declared a public health emergency. The following day, March 18, 2020, Mike Farnworth, Minister of Public Safety and Solicitor General, declared a provincial state of emergency to support a province wide response to the COVID-19 pandemic. This signaled the closing of many BC business and the resulting layoff of employees.
As the court observed in its recent decision, All Out Contracting Ltd. v Gourlay, 2020 BCSC 481 (CanLII) (“All Out”), construction work begins before the owner(s) and contractor properly define their contractual relationship, if they ever do so
The BC Government has announced its phased approach to reopening businesses. The BC Government has partnered with WorkSafeBC to develop resources and general guides to assist in the transition from virus-related lockdown to carefully restarting social and commercial life.
As part of a multinational commitment to end hidden ownership of companies, there are new requirements under the Business Corporations Act (British Columbia) (the “Act”) regarding beneficial ownership and control of companies which comes into effect May 1, 2020.
Pre-judgment garnishment is a powerful remedy that allows a creditor to secure their claims by garnishing funds owed to a debtor and holding them in court pending a further order or agreement of the parties.
As you may be aware, as part of a multinational initiative to combat money laundering and tax evasion, there are new requirements under the Canada Business Corporations Act regarding beneficial ownership of federal corporations.
There are innumerable reasons that parties may find themselves co-owning real property with friends, family or business partners and just as many reasons why that co-ownership relationship may turn sour.
While a contract can be formed by any combination of communications and oral and verbal agreements, it remains the most prudent course of action to reduce a contract to writing to avoid any ambiguities about what has or has not been agreed to.
In my previous article, Builders Liens: Strict Compliance or Lose Your Lien, I explored how a family company lost its lien rights by making the mistake of pursuing its lien in the name of its principal rather than the company.
In a number of previous articles, I have explored some of the difficulties encountered where parties fail to properly set out the contractual terms that dictate the rights and responsibilities between them.
As discussed in a previous article, settlement agreements are effectively contracts which can be enforced through legal action and replace whatever legal, contractual or equitable rights were involved in the fight that preceded settlement.
As discussed in my previous article, Invitations to Tender: Why it is Important Both Bidders and Solicitors to Follow Proper Process, the solicitation of bids for public projects must follow a fair and transparent process.
Settlement agreements that conclude litigation are often reached once the parties have gotten to a point of a loss of faith in one another or a complete breakdown in whatever relationship they may have enjoyed pre-litigation.
The purpose of security in a commercial financing transaction is to give the lender comfort (or security) that the lender will have access to assets if the borrower fails to meet its repayment commitments.
Most financial advisors provide exactly the kind of service you would expect: they provide you options for investing your money and inform you of the risks and rewards involved with choosing an investment vehicle or personal financial restructuring.
One of the earliest legal decisions founders of a new enterprise must make is one which has repercussions throughout the lifetime of the business. That decision is known as the choice of entity. When it comes to choosing a business structure, there is no such thing as “one-size-fits-all”. As such, lawyers and their clients must […]
A not-for-profit organization in Canada that wishes to incorporate can choose to incorporate provincially/territorially (under the legislation of a specific province or territory), or federally (under Canadian federal legislation). There are reasons to choose one form over another and we will discuss those benefits in a later article. In this article, we will focus on […]
There is an old saying that an ounce of prevention is worth a pound of cure. This is almost never truer than when it comes to getting timely and competent legal advice. Very often people find themselves seeking the assistance of a litigator because at the beginning of a transaction or when a person became […]
From Our Business Law Group – Acting for Swankies Gourmet Hot Dogs to help them establish franchises in Canada and internationally. We are also assisting Swankies with trademark applications. Swankies’ first location is in Kelowna, but the gourmet hot dog restaurant is quickly expanding.Find out more about our Business Law Group: http://www.pushormitchell.com/service/business-law.
From Our Business Law Group – Acted for large northern BC timber product manufacturer in negotiating and finalizing agreements with an international lumber company. Find out more about our Business Law Group: http://www.pushormitchell.com/service/business-law
From Our Business Law Group – Acting as counsel for various parties in the fruit growing and wine industries, including land owners, wineries, fruit processing, marketing and packing facilities. Find out more about our Business Law Group: www.pushormitchell.com/service/business-law
From Our Business Law Group – Represented a major bank providing financing to various car dealerships throughout British Columbia, including preparing all necessary security documents. The loans ranged in amount from $2,000,000 to $15,000,000.Find out more about our Business Law Group: www.pushormitchell.com/service/business-law
From Our Business Law Group – Represented a Canadian mining company in the sale of its interests to a public American mining company.Find out more about our Business Law Group: www.pushormitchell.com/service/business-law
From Our Business Law Group – Act as corporate counsel for a Western Canadian oil and gas company with projects across British Columbia, Albert and Saskatchewan. Find out more about our Business Law Group: http://www.pushormitchell.com/service/business-law