From Mumbai to Manitoba, there are often horror stories in the media of people being (verbally) abused, beaten up, chased down, dragged out and subjected to such other atrocities because they have some form of debt obligation, such as a personal loan, credit card purchases, purchases by way of installments, or a line of credit to be repaid, again by installments. Their tormentors are known as collection agents; those familiar with the organized crime or loan shark syndicates may call them goons.  Although this article wont necessarily apply to the latter, it will to the Collection Agencies.

This question often comes up with clients: Are we required to disclose latent defects in the property we are selling?A latent defect is a defect that is not obvious to the naked eye and generally, the doctrine of Caveat Emptor (Buyer Beware) applies, however, it is not without qualifications.When assessing whether or not to disclose a vendor or

Beginning where we left off earlier, the Simplified Procedure, under Rule 76 of the Rules was initially introduced in 1996 to reduce the cost of litigating claims for modest amounts by shortening the pre-trial procedures, like permitting a “summary trial”, where the majority of the evidence is adduced by affidavit and

The Ontario Rules of Civil Procedure1 (the “Rules”) underwent substantive changes on January 1, 2010, since the Rules were first adopted in 1985; brought about by Ontario Regulation 438/08 (the “New Rules”). Though based on the recommendations of the Civil Rules Committee entitled: Civil Justice Reform Project:  A Summary of Findings and Recommendations, major changes to the Rules have been contemplated since 2003, when a far ranging report on the Rules was issued as part of the deliberations of the Discovery Task Force on the Discovery Process in Ontario.

This article is attempting to illustrate the type of reasoning necessary in order to decide if an asset purchase or share purchase of an incorporated business is best.  As well as what short of spin-offs, butterflies or other divisive reorganizations for tax planning would be advantageous when purchasing a company that may have more than one location or subsidiaries etc… And then finally the process in preparing a request for an Advance Ruling from CRA and what the CRA looks for when providing you with an answer.

The GAAR:  Overriding, Overarching or Just Over?In most legal structures, rules and regulations tend to expressly or implicitly instruct or guide a person or any other legal entity for that matter, on how to conduct its affairs internally or externally (in regards to the public).  Further, with the passage of time, courts, regulatory bodies and the legislator have provided guiding principles, where necessary, on how to apply, effect and interpret these rules and regulations in accordance with the intent and purpose of their creators.  Much too often does it become difficult to distinguish doctrine from rule and

To become a court appointed guardian of property; there are two procedures: the “standard procedure” and the “summary disposition procedure”. The second procedure needs two assessments (at least one by an official “assessor”), which happens to be the main difference between the two procedures. In a summary disposition procedure, a judgment appointing a guardian of property can be obtained from a judge

Limited partnerships are formed to carry on any business that a general partnership can also do. Its principal feature is that the liability of each limited partner is limited to the amount of money or other property that partner contributes. According to the Limited Partnerships Act, a limited partner may contribute money or property to a limited partnership but not services or agrees to contribute to the limited

As partnerships are normally comprised of more than one decision-maker, rules to provide a framework for the relationship between the partners carrying on business together, and to determine the rights of third parties dealing with the partnership, were developed by the courts of common law. Codified in the Partnerships Act, such law provides that the rules of equity and of common law applicable to a

After a case conference, a litigant usually seeks an order on motion, which requires two documents: a notice of motion and an affidavit.  The affidavit is to contain as much as possible information only within the personal knowledge of the person swearing that affidavit.  It can contain information that the person learned from someone else, but only if the source of the information is identified by name and the affiant