A fire breaks out in a commercial property. After the fire is extinguished and ensuring that no one was hurt the question becomes: who pays for the damages? The Landlord? The Tenant? More importantly, is it the insurance company for the Landlord or the Tenant?
Recently in Ontario, several monumental changes have been implemented to the provincial Employment Standards Act (the “Act” or “ESA”) while other amendments are scheduled to come into force soon. Although the amendments differ in nature, they all aim to improve working conditions for employees in one way or another.
A recent Ontario case has highlighted the importance of retaining your original Will. The court ruled that the presumption that the deceased meant to revoke her Will since the original could not be found was not valid.
In Ontario, Commercial Leases often start with an Offer to Lease, which is also called an agreement to lease. The trend for Offers to Lease is fading in the United States with many Landlords preferring to proceed straight to the Lease. However, in Ontario many Landlords are still content with negotiating an Offer to Lease, and then allowing the Tenant to take possession of the premises before the Lease is signed. This is normally not recommended as some Tenants want to walk away from the lease after signing the Offer to Lease. Furthermore, it does not provide much room to negotiate on the terms that were not included in the Offer to Lease but are included in the Landlord’s standard Lease form.
The Harmonized Sales Tax (HST) New Housing Rebate is available for qualified owner-occupant purchasers of new homes and new condominiums. What is the catch? Well, there are several cases where the HST New Housing Rebate has been denied by the courts or the Minister of National Revenue has attempted to claw-back a rebate received by a purchaser or purchasers.
The Ontario Provincial Government gives a credit of a maximum of $4,000 to first time home buyers, who are Canadian citizens or permanent residents of Canada, purchasing an eligible residential property in Ontario. The credit is available whether you are purchasing a new or used eligible residential dwelling.
Section 5(4) of the Arthur Wishart Act (Franchise Disclosure), 2000 (the “Act”) provides that a disclosure document is required to contain all material facts, including those prescribed by regulation, copies of all proposed agreements relating to the franchise, statements as prescribed by regulation to assist the prospective franchisee in making an informed investment decision, and other information and copies of documents as prescribed by regulation. All such information must be set-out accurately, clearly and concisely.
It is becoming increasingly popular for a buyer to request that a seller sign a Seller Property Information Statement (“SPIS”) as part of a residential real estate transaction. The Ontario Real Estate Association (“OREA”) developed a SPIS form for both freehold and condominium residential properties.
What is a Shareholder Agreement?
A shareholder agreement is an agreement between two or more shareholders to deal with various company matters such as buy-outs, death and disputes. Shareholder agreements are highly recommended for all company’s whether small, medium or large. If drafted properly, shareholder agreements can prevent costly litigation between shareholders.
What the law says about registering a franchise in Ontario
While there is no requirement to register your franchise in Ontario, franchises operating in Ontario must comply with applicable legislation and regulations. The applicable act is the Arthur Wishart Act (Franchise Disclosure) 2000. The Act and its regulations govern how franchisors must present their franchised business to prospective franchisees and the information that must be provided to them at the outset as well as the time line for providing this information. The key document is the Disclosure Document.