Oppression: Divisional Court Upholds Liquidation to Resolve Shareholder Dispute
Basegmez v. Akman, 2018 ONSC 812 Recently, the Divisional Court upheld a decision by Lederman J., whereby the court ordered the liquidation of a closely held corporation after finding that one of the shareholders acted oppressively; in other words, in a manner that was unfairly prejudicial to the other shareholders. Tarn Financial Corporation was founded […]
Dating and Harassment in a 21st Century Workplace
While the advent of texting, sexting, dating sites and other on-line activities have added to the ways in which workplace romances can take a negative turn, workplace romances are not new. Take, as an example, one of the earlier Dear Abby letters: DEAR ABBY: We work in a large office. Our office manager, I’ll call […]
Whose Ring is it Anyway?
With Valentine’s Day approaching, many contemplate the idea of proposing to The One. While the engagement ring is all about romance, everlasting love and a life-time commitment, it is somewhat tainted with legalities; for it carries legal contractual concepts one should know about before getting down on one knee. Consider the following : what becomes […]
The Right of a Common Law Spouse to Occupy a Family Home Post-Separation When Not a Registered Owner
Does a common law spouse have a right to continue to occupy a family home post-separation, when not a registered owner? Usually, the answer is no. Common law spouses are not afforded the same rights of possession that married spouses are under Ontario’s Family Law Act. However, there may be certain cases in which a […]
Corporate Record Keeping Requirements
So you decided to incorporate, and hopefully you used a lawyer to help you through the incorporation process. Provided that you did use a lawyer to incorporate, your lawyer will have prepared the following documentation for your corporation’s “minute book”: Articles and by-laws of the corporation; Initial set-up resolutions, which typically confirm such matters as: share […]
The Man and the Mini-Horse in the Middle Office – Service Animals in the Workplace
Daniel the duck, Stormy the parakeet and the Cali the Miniature horse have all made the news as Support Animals who provide disability assistance to their owners. While a Service Animal has traditionally been understood to be a dog trained to assist someone who is visually impaired, increasingly people have been relying on a range of […]
Is it Legal to Pay a Surrogate?
Surrogacy, gamete donation (egg or sperm donation), and embryo donation are legal in Canada. What is not legal is paying any donor or surrogate other than reimbursing expenses incurred by a donor or surrogate and supported by a receipt. Surrogacy agreements will usually include specific clauses outlining what expenses the parties all reasonably expect might […]
Imputing Income
The Federal Child Support Guidelines set out income determination rules for calculating child support. These rules, with a few exceptions, also apply when calculating income for spousal support. According to the Guidelines, a spouse’s income is determined by line 150 on his or her Income Tax Return, subject to applicable adjustments. However, the Guidelines also […]
How Many Lawyers Does It Take?
Section 10 of the Children’s Law Reform Act specifically requires that any surrogate and intended parent or parents each need to receive independent legal advice prior to entering into a surrogacy agreement. “Independent legal advice” means that if the lawyer for the intended parents drafts a surrogacy agreement and an egg donor agreement, both the […]