Expanded tax on split income (TOSI) rules for professionals
Many professionals choose to incorporate a professional corporation to take advantage of the various tax benefits of doing so. Professionals, such as physicians and dentists, who are permitted to include family members[1] as shareholders, have historically been able to benefit from income splitting. Essentially, income splitting is a process whereby high-earning individuals can shift income...
Continue reading the post titled Expanded tax on split income (TOSI) rules for professionalsUnderstanding the differences between GDPR, CCPA, and PIPEDA – a guide for Canadian businesses
Gone are days of unregulated and untethered data gathering. With the rolling out of the California Consumer Privacy Act, Canadian businesses are now finding themselves navigating a sea awash with a patchwork of extraterritorial legislation. The laws are sometimes inconsistent, often vague, and certainly confusing. It has therefore become critical that companies understand their obligations...
Continue reading the post titled Understanding the differences between GDPR, CCPA, and PIPEDA – a guide for Canadian businessesForce Majeure and the COVID-19 pandemic
What is “Force Majeure”? Force Majeure provisions, which stem from the French term meaning “greater force” or “superior force” are incorporated into many types of commercial agreements. These clauses are generally put in place to relieve a party from having to perform its contractual obligations due to the occurrence of an unexpected, unforeseen, supervening, and...
Continue reading the post titled Force Majeure and the COVID-19 pandemicData breach – Frequently asked questions
Cybersecurity incidents are serious events that need to be addressed immediately. Our experience has shown us that dealing with issues such as consumer and regulator notifications, fines, and insurance need to be tackled as soon as possible. Below are general answers to frequently asked questions when a business has experienced a data breach. 1. Why...
Continue reading the post titled Data breach – Frequently asked questionsDazed and Confused: Five contractual considerations for uncertain times
The year 2020 will not soon be forgotten. Despite the devastation of the COVID-19 pandemic, it has also provided a catalyst for substantial innovation and positive disruption to business models and commercial practices. During this time of business adaptation to respond to the unique challenges of pandemic-induced measures such as physical distancing and remote working,...
Continue reading the post titled Dazed and Confused: Five contractual considerations for uncertain timesHow Canada and the U.S. prohibit pyramid schemes differently
The U.S. and Canada prohibit product-based pyramid marketing schemes in different ways. This short article is intended to give multi-level marketing businesses a better understanding of the important legal asymmetries between the two countries. The Canadian Competition Act specifically defines multi-level marketing (“MLM”) plans and prohibits pyramid schemes. The Competition Act1 at s. 55(1)...
Continue reading the post titled How Canada and the U.S. prohibit pyramid schemes differentlyAssessing medical malpractice damages—past and future income loss
This article on past and future income loss is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case. It is important to note, however, that each case is unique, and the damages claimed will differ as between individuals. The assessment of damages is...
Continue reading the post titled Assessing medical malpractice damages—past and future income lossDoes a father have unequal rights to parent?
In family law, there is a long-held misconception that mothers will be favoured over fathers for decision-making responsibility (custody) and parenting time (access). Back in the 1950s, courts firmly held that young children should spend the majority of time with their mother in what was called the “tender years doctrine”. This is no longer the...
Continue reading the post titled Does a father have unequal rights to parent?Receiving an inheritance while on the Ontario Disability Support Program
Receiving an inheritance, either as a beneficiary under a Will or through the proceeds of life insurance, while on Ontario Disability Support (“ODSP”) can require some additional steps and planning to avoid a loss of benefits. Since ongoing qualification for ODSP benefits is based on a financial test, with certain assets being considered exempt assets...
Continue reading the post titled Receiving an inheritance while on the Ontario Disability Support ProgramSteps of a class action
Class action litigation is comprised of several stages. Some overlap with the steps in standard civil actions, but others—such as “certification”—are distinct and fundamental to the class action regime. Below is an overview of the steps in a class proceeding: Pleadings Class actions are commenced through the filing of a pleading that sets out the...
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