In June, 2009, the Government of Manitoba passed an amendment to The Highway Traffic Act which prohibits drivers from using any hand-operated electronic devices (including cell phones and BlackBerries) while driving a motor vehicle in Manitoba. This amendment is expected to take effect in mid 2010.
A driver who contravenes this legislation will be liable to pay a fine, but as an employer, could you be liable and what can you do to protect your company?
Charities must devote their resources to charitable purposes. Under the Income Tax Act, registered charities are subject to a disbursement quota to curtail fundraising costs and limit capital accumulation. The disbursement quota is intended to ensure that a significant portion of a registered charity's resources are devoted to charitable purposes.
Budget 2010 proposes to reform the disbursement quota for fiscal years that end on or after March 4, 2010. This includes a proposal to reduce the applicability of the capital accumulation rule by increasing the threshold amount of assets not currently used in charitable programs or administration. Budget 2010 also proposes to amend the existing rule that provides the Canada Revenue Agency with the discretion to allow charities to accumulate property for a particular purpose, such as a building project.
Recently, the former Grand Chief of the Assembly of First Nations, Phil Fontaine, was appointed a Special Advisor to the Royal Bank of Canada. One of Mr. Fontaine's roles with RBC will be to increase economic opportunities for First Nations people. The fact that a major Canadian bank has emphasized First Nation economic opportunities is not surprising. Increasingly, First Nations are seeking a greater share of the benefits and opportunities that come with participating in the larger Canadian economy. At the same time, resource developers and other businesses and industries are seeking commercial arrangements, including partnerships and joint ventures, with First Nations to facilitate access to natural resources, to expand their labour pools in remote areas, to promote the provision of goods and services by local businesses and to increase their customer base.
People will frequently ask why they need a Will or question what will happen if they do not have a Will. The rules that apply in the distribution of an estate where there is no Will are set out in The Intestate Succession Act. While the general rules are not in most instances unreasonable or unduly harsh, they may not result in the distribution preferred by an individual.
Most new companies eventually face the need for additional capital that cannot be funded, or "bootstrapped", by the founder. The principals of these companies must then begin to consider the pros and cons of raising capital from the broader capital markets and the various ways this can be done.
Generally speaking, Canadian securities law requires that any securities being sold must be qualified by the filing of a prospectus, unless an exemption is available from the prospectus filing requirements.
Securities law also requires that persons engaged in the business of trading in securities must be registered. Generally speaking, a company that sells its own securities on an infrequent basis and does not hold itself out as being in the business of trading in securities will not be considered to be “engaged in the business of trading” and will not have to register as a dealer. However, if the company engages someone to assist with the sale of its securities, then that person likely could be considered to be engaged in the business of trading in securities, and would have to be registered, unless an exemption from the registration requirements is available
Jeff Pniowsky "Tax Litigation" Radio Interview - Bowes Knows on CJOB 68
On January 31, 2010 TDS Lawyer Jeff Pniowsky was interviewed on the Bowes Knows radio show with host Barbara Bowes. Jeff is a former senior tax lawyer for the CRA and has excellent knowledge of their policies and procedures. During the interview Jeff and Barbara discussed how the CRA, tax court and the appeals process works and the broad powers the CRA holds in terms of auditing.
Doug Forbes "Cross-Border Transactions" Radio Interview - Bowes Knows on CJOB 68
On February 21, 2010 TDS Lawyer Doug Forbes was interviewed on the Bowes Knows radio show with host Barbara Bowes. During the interview they discussed considerations for Manitoba-based businesses looking to expand into the United States or abroad. Considerations included culture, tax law, due diligence, labour & employment and how Lex Mundi can help businesses to find reputable legal representation in new markets.
Bob Adkins & Michael Guthrie "Doing Business with First Nations" Radio Interview - CJOB Business Report
On February 9th, 2010 TDS Lawyers Bob Adkins & Michael Guthrie were on the Winnipeg Chamber of Commerce CJOB Business Report with Chuck Davidson, discussing the opportunities and challenges of doing business with First Nations in Manitoba and Canada.
Nate Nurgitz "Mediation: A Cooperative Approach to
Dispute Resolution" Article - Marketplace Magazine
Brenda Boughton from Marketplace Magazine recently interviewed TDS Lawyer Nate Nurgitz, who is a former member of the Senate of Canada and also served many years as a justice with the Court of Queen's Bench, where he conducted well over 150 judicially assisted dispute resolutions (JADRs), a type of mediation presided over by a judge. This two page magazine article talks about the growing trend for businesses to use mediation and arbitration to resolve disputes.
Paul Brett "Liabilities and Accuracy" Article - CAAR Communicator Magazine
In December 2009, Jim Chliboyko from CAAR (Canadian Association of Agri-Retailers) Communicator Magazine interviewed Paul Brett from TDS regarding distributor and sales liabilities and negligence related to agricultural products. The article discusses how sales representatives or employees of a company may accidently misrepresent a products ability or purpose to a customer which may land the company in court.
Peter Glowacki "Implications to Owning US Real Estate" Co-Hosted Seminar - podcast
In January 2010 Peter Glowacki from TDS along with speakers from Meyers Norris Penny LLP and ScotiaMcleod presented a seminar entitled Implications of Owning U.S. Real Estate to over 125 guests at the Manitoba Club. Topics included Canadian and U.S. tax concerns, wills & estates, power of attorney and loans.
The seminar was recorded and turned in to a podcast for those who could not attend or would like to watch the seminar again
Four lawyers from Thompson Dorfman Sweatman LLP (TDS) have been appointed to practice groups of Lex Mundi, the world's leading association of independent law firms.
TDS has again been recognized by Lexpert®, The Business Magazine for Lawyers as the leading Manitoba corporate law firm. TDS is the only Manitoba firm to be placed at the centre of its 2010 "Bulls-Eye" ranking of such practices in Winnipeg.
My client's prospective business partner, through his lawyer, inserted a clause into their business arrangement that required my client to exert "best efforts" to achieve an outcome. My client knew that he wanted to achieve the desired outcome, but what, exactly, did "best efforts" require him to do, and was it reasonable to expect him to do it?
DISCLAIMER
This newsletter is presented for informational purposes only. The content does not constitute legal advice or solicitation and does not create a solicitor-client relationship. The views expressed are solely the authors' and should not be attributed to any other party, including Thompson Dorfman Sweatman LLP (TDS), its affiliate companies or its clients. The authors make no guarantees regarding the accuracy or adequacy of the information contained herein or linked to via this article. The authors are not able to provide free legal advice. If you are seeking advice on specific matters, please contact Don Douglas, CEO & Managing Partner at dgd@tdslaw.com, or 204.934.2466. Please be aware that any unsolicited information sent to the authors cannot be considered to be solicitor-client privileged.
