Category: Business Law

By Bruce Duggan Independent Legal Advice One of the most frequent questions/irritants Borrowers raise/experience in a commercial transaction is the requirement for their spouse to obtain independent legal advice. Typically, the complaint is that the spouse knows that what they are signing is a guarantee and that it is an inconvenient and needless expense to… Continue reading The Defence of Failure to Understand and Other Reasons for ILA

By Amrita Mann While a lien action may in many ways resemble any other civil action, there are significant differences. Part IV of the Construction Lien Act (the “Act”) contains rules that govern jurisdiction and procedure. Lien actions are commenced pursuant to Section 53 of the Act. The Threshold Under the Act, the first threshold… Continue reading Construction Liens: A Primer

By Amrita Mann Non-Compete versus Non-Solicit Clauses While a non-competition provision restricts a former employee from competing against the former employer’s business, a non-solicitation provision is a less restrictive covenant and is narrowly aimed at preventing a former employee from soliciting his or her former employer’s (past, present and sometimes even potential) clients and sometimes… Continue reading Enforcing Non-Solicitation and Non-Competition Clauses

By Puneet S. Kohli, Business Law Group, Simmons da Silva LLP. Do I really need one? It is often said, that a business’ most important asset is its employees. As with many other owner-managed businesses, dental practices rely heavily on a small group of individuals and their success is often dependent upon the dedication and… Continue reading Employment Agreements and the Successful Dental practice

By Pathik Baxi and Amrita Mann Buy yourself some time! In Ontario, a Defendant must serve and file a Statement of Defence within 20 days of being served with a Statement of Claim. By serving and filing a Notice of Intention to Defend, a Defendant can buy itself an additional 10 days to file and… Continue reading Top Ten Things You Need to Keep in Mind when Drafting Your Own Statement of Defence

By Pathik Baxi and Amrita Mann Default of Mortgage: In Ontario, where a Mortgage has been in default for at least 15 days, the Mortgages Act entitles Lenders to sell the Mortgaged Property to third parties, enabling it to recover some or all of the debt, as well as its costs of recovery, pursuant to… Continue reading Top Ten Things Lenders and Borrowers Need to Know about Mortgage Enforcement under a Power of Sale

By Puneet S. Kohli Factoring is a financial transaction and type of debtor finance in which a business typically sells its accounts receivables to a third party (the factor) at a discount. An Estoppel Certificate is a document that is sometimes used in such transactions to provide assurances from the business debtor’s customers to the… Continue reading Estoppel Certificates in Factoring Transactions

By Bruce Duggan The Personal Property Security Act (PPSA) is the name of the statute that regulates the creation and registration of security interests in all personal property within their respective jurisdictions. Ontario was the first province to introduce the legislation, followed by the remaining provinces and territories. The scope of the Act is extremely… Continue reading Understanding PPSA