Archive for the 'Contracts' Category
Buying and Selling a Business: Assets Purchase vs. Shares Purchase
There are two ways of buying and selling an incorporated business in Ontario: assets purchase and shares purchase. Today I’d like to briefly discuss them. (An unincorporated businesses under sole proprietorship or partnership may be sold through assets purchases only.)
Assets Purchases:
Typically, buyers prefer assets purchases. In this kind of sale, the buyer buys substantial or [...]
Legalese Dictionary: Franchising
What is a franchise?
While for most ordinary citizens the word “franchise” conjures up images of McDonalds or PizzaPizza, not many people can clearly define what a franchise is.
When used in the commercial sense, “franchise” refers to the sole right granted by the owner of a trademark or tradename to engage in business or to sell [...]
Loonie Hits Near-Parity; Tough Time for Small Businesses in Toronto
Small businesses are particularly vulnerable to market fluctuations, such as the exchange rate, because they have less resources (e.g. cash reserve and sales margins) to cope with it. For example, a large corporation may be able to temporarily slash their price to keep their customers from dashing to the U.S., even at a loss. However, few small businesses are in a position to do so.
Landlord’s Right of Distress
The right of distress, also known as “distraint,” (verb: to distrain) is a common law doctrine where the creditor is entitled to seize the debtor’s properties to satisfy the debt owed. In the context of commercial tenancies, it refers to the landlord’s right to seize chattels (goods) on the premises owned by the tenant if [...]
A Brief Note on Marriage Contracts and Prenuptial Agreements: Factors and Considerations
Today I’d like to discuss marriage contracts and prenuptial agreements.
In Ontario the legal term for an agreement contemplating a marriage and the possible breakdown thereof is “marriage contract.” As marriage contracts are often referred to as “prenuptial agreements,” the term more commonly used in the U.S., I will use the two terms interchangeably here.
Historically speaking, [...]
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