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
From Our Business Law Group – Act as corporate and franchise counsel for national retail franchisor with over 200 franchise locations across Canada. Find out more about our Business Law Group: http://www.pushormitchell.com/service/business-law
Although there are commonalities, no two commercial financings are the same. Typically, your legal counsel is not involved until after you have signed a letter of offer or credit agreement with your bank setting out the business terms of the financing. That said, we are happy to help at this stage with advice regarding the security you are being asked to provide. Where the bank is taking security for their loan, they [...]
From Our Business Law Group – Negotiated and successfully completed a multi-million dollar asset sale on behalf of a helicopter company, which included assignments of federal leases, licenses and air operator certificates. Find out more about our Business Law Group: http://www.pushormitchell.com/service/business-law
Anyone who is contemplating selling their business should start the planning process early in order to maximize the value that a third party will pay. Part of that planning should include readying their business for the purchaser’s “due diligence” review. This due diligence usually takes place after signing of a letter of intent or purchase agreement, but before the purchaser becomes legally obligated to complete the [...]
From Our Business Law Group – Represented a developer in the completion and registration of an air space subdivision plan that resulted in the first air space parcel for a residential /commercial project in Kelowna. Find out more about our Business Law Group: http://www.pushormitchell.com/service/business-law
From Our Business Law Group – Represented a family owned company in its buy out of family members including negotiations of the terms of the transaction. Find out more about our Business Law Group: http://www.pushormitchell.com/service/business-law
From Our Business Law Group – Negotiated and successfully completed a multi-million dollar refinancing for a hotel chain. Find out more about our Business Law Group: http://www.pushormitchell.com/service/business-law
We often get asked if oral contracts are enforceable. Generally, they are. The problem is proving the existence of the oral contract should you ever have to do so. We always recommend reducing your agreement to writing, but a court will enforce an oral agreement if you can provide enough evidence of the agreement. In addition to making it easier to enforce your agreement, putting an agreement in writing usually results in the parties [...]
From Our Business Law Group – Acted for a major Canadian Chartered Bank to secure a multi-million dollar financing package for a real estate company for its construction of a new multi-story commercial centre. Find out more about our Business Law Group: http://www.pushormitchell.com/service/business-law
From our Business Law Group – Completed transaction involving the purchase, sale, leasing and financing of commercial aircraft. Find out more about our Business Law Group: http://www.pushormitchell.com/service/business-law
From our Business Law Group – Represented a local start-up technology company which included assisting the company with its incorporation, extra-provincial registration and initial financing rounds. Find out more about our Business Law Group: http://www.pushormitchell.com/service/business-law
Operating a business through a corporation is a long-standing and acceptable form of protecting individuals from claims of creditors of the business. Likewise, holding high-value investment assets (such as real estate or a stock portfolio) in a separate holding is a legitimate way to protect the value of those investments from future creditors of an operating company. But, as was demonstrated by the British Columbia Court of Appeal in [...]