When Shareholders Can’t Get Along
Many privately owned businesses have more than one owner. This can be beneficial to a business, but it also poses its own problems. Sometimes one ... Continued
Insured has no obligation to include claims of subrogating insurer in its claim for uninsured losses
In the recent Ontario Court of Appeal decision of Tree-Techol Tree Technology v. VIA Rail Canada Inc., 2017 ONCA 876 , the court considered whether ... Continued
Timing of an occurrence matters
R.C. Heating & Gasfitting Ltd. v. The Sovereign General Insurance Company, 2017 BCSC 1916 Most liability policies may be classified as either occurrence or claims-made ... Continued
Taste the EU: CETA and the expansion of Geographical Indications
After considerable debate and negotiation, the Comprehensive Economic Trade Agreement (“CETA”) between Canada and the European Union came into effect in Canada on September 21, ... Continued
Avoid These 5 Common Mistakes in Business Succession
Whether a business is worth $1 million or $100 million, the same principles apply when it comes to business succession. After many years of experience ... Continued
Language is Key in Earn-Outs: PART 2
In my last article, I discussed the concept of the earn-out. I mentioned that an earn-out is simply the method by which a purchaser seeks ... Continued
“Family Member Exclusion” Passes the Test in BC’s Highest Court
Economical Insurance Co. v. Gill 2017 BCCA 351 INTRODUCTION The BC Court of Appeal has unanimously overturned a lower court ruling, and has found that ... Continued
BCSC Eases Rules for Securities Issued to Non-Residents
On October 31, 2017, the British Columbia Securities Commission (“BCSC”) revoked and replaced BC Instrument 72-503 Distribution of Securities outside British Columbia (BCI 72-503). BCI ... Continued
Suspicious Circumstances – Bhalla Estate, 2017 BCSC 1867
In British Columbia, there are three requirements for making a valid will: the will must be validly executed in accordance with requirements set out in ... Continued
Taxation of Private Companies: The Future of Surplus Stripping
On July 18th the Liberal Government introduced a consultation paper, “Tax Planning Using Private Corporations” (the “Paper”). The Paper addressed issues relating to income sprinkling, ... Continued
The (Not So) Simple Contract: Mental Capacity & The Act of Marriage
Emily Clough and Michael Larsen recently presented their paper “The (Not So) Simple Contract: Mental Capacity & The Act of Marriage” at the Canadian Elder ... Continued
Conflicts for Arbitrators and Mediators
How far must an arbitrator go in disclosing a potential conflict of interest? The B.C. Supreme Court answered this question in Atlantic Industries Limited v. ... Continued