DOING BUSINESS IN CANADA: A LEGAL OVERVIEW 1 INTRODUCTION 2 A SNAPSHOT OF CANADA 3 FOREIGN INVESTMENT IN CANADA 4 BUSINESS STRUCTURES 5 SECURITIES 6 REAL ESTATE 7 INCOME AND SALES TAXES 8 IMMIGRATION 9 LABOUR AND EMPLOYMENT 10 INTELLECTUAL PROPERTY 11 PRIVACY 11 CIVIL/COMMERCIAL LITIGATION 11 ALTERNATIVE DISPUTE RESOLUTION 12 INSOLVENCY AND RESTRUCTURING DOING BUSINESS IN CANADA: A LEGAL OVERVIEW TABLE OF CONTENTS © TORKIN MANES LLP 2012INTRODUCTION DOING BUSINESS IN CANADA: A LEGAL OVERVIEW 1 Canada has always been a great place for non-Canadians to do business.
On January 14, 2015, Target Corporation ("Target US") announced the exit of substantially all of its Canadian operations less than two years after opening its first Canadian stores in a strategic push to operate at least one store in every province of Canada. The following day, on January 15, the Ontario Superior Court of Justice (Commercial List) in Toronto (the "Court") granted Target Canada Co.
36039 Dhillon v. Jaffer (Law of professions – Barristers and solicitors – Breach of fiduciary duty – Damages)
doing business in Canada 2 | doing business in Canada Canada is one of the world’s premier locations for business investment. Boasting an exceptional wealth of natural resources, a sound financial system and world-class infrastructure, Canada is known for innovation in a wide range of sectors. And with generous research and development incentives, low corporate tax rates, and easy access to major U.S. markets, Canada is a top destination for foreign companies seeking a foothold in North America.
The bankruptcy of a tenant is disruptive and may be confusing to a landlord; however, arming yourself with knowledge of some warning signs of financial distress and an understanding of your basic rights will, along with your trusted legal advisor, help you be prepared in the unlucky event that your tenant goes bankrupt.
3 Signs of an Impending Bankruptcy
1. Rent Delinquency
Original Newsletter(s) this article was published in: Commercial Litigation Update: October 2014
The doctrine of federal paramountcy provides that where there is an inconsistency between validly enacted but overlapping provincial and federal legislation, the provincial legislation is inoperative to the extent of the inconsistency and the remainder of the provincial legislation is unaffected.
The recent Court of Appeal case involving Topland Limited and Smiths News Trading Limited was a salutary lesson about the strict rules that protect guarantors and the perils of forgetting them. The facts of the case were relatively simple: Topland owned a commercial property, leased to the rather aptly named Payless DIY Ltd, which became insolvent. Topland brought a claim against the tenant’s guarantor, Smiths, for arrears of over £280,000 and required them to take a new lease for the remainder of the term.
- INTRODUCTION
S4 of the PPSA, provides that "except as otherwise provided" in the PPSA, the PPSA does not apply to a number of enumerated liens, charges or other interests, including as set out in s4(a) "a lien, charge or other interest given by an Act or rule of law in force in Alberta".
For some, environmental liability is akin to a game of hot potato. In other words, no one wants to be the one left holding the potato when the music stops playing - otherwise they could be facing significant obligations to remedy contaminated lands. As remediation costs can be significant, owners, purchasers and creditors must tread carefully when dealing with contaminated real estate.