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IN THIS EDITION


CLIENT FOCUS
»  NEW! Client Service: Video Conferencing
»  Client Spotlight: How Winpak Has Remained Two Steps Ahead for Over 35 Years

ARTICLES
»  Farm Succession Planning - It's All in the Plan
»  Arbitration Clauses in Construction Contracts
»  Show Me The Money - Raising Capital for Start-up Businesses
»  Social Enterprise and Social Finance: The Infrastructure behind Social Innovation and “Philanthrocapitalism”

VIDEOS
» A brief history of TDS with Don Douglas, TDS CEO & Managing Partner
» Business Immigration at TDS - Jennifer Ervick
» Intellectual Property at TDS - Silvia de Sousa
» Demystifying Global Business Risk (7 videos)

UPCOMING SEMINARS
» Nov 15: Integrated Trade Compliance Strategy
» Nov 16: Introduction to Charity Law
» Nov 22: CME Trade Summit
» Nov 23: Investing and Exiting in Turbulent Times
» Nov 24: CAMA seminar: The CWB & Bill C-18: Change is Coming...
» Nov 29: Tendering & Procurement – Legal Strategies

PRESS RELEASES
» Thompson Dorfman Sweatman LLP announces Supreme Court of Canada renders important decisions on aboriginal taxation
» Thompson Dorfman Sweatman LLP Congratulates Lawyers on their Call to the Bar
CLIENT FOCUS


New Client Service: Video Conferencing


TDS is committed to providing our valued clients with new services and to being progressive when it comes to adopting new technology. We are pleased to announce that TDS is now able to offer our clients video conferencing technology. In August, 2011 the firm purchased a high definition (HD) video conferencing center to enhance our ability to serve clients in remote locations in Manitoba, in other jurisdictions in Canada and at locations around the world.

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How Winpak Has Remained Two Steps Ahead for Over 35 Years


Winpak is a publicly traded Canadian company that manufactures and distributes high-quality packaging materials and related equipment. The firm was registered on September 29, 1975. The origin of the company is based on technology acquired from Winpak’s sister company in Finland in the 1970s. Initially, Winpak focused its marketing efforts on red meat and cheese applications. In the years that followed, Winpak developed packaging materials for processed meats and other foods. After making several acquisitions, the organization expanded by manufacturing products for coffee, poultry and other end-use applications.

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ARTICLES


Farm Succession Planning - It's All in the Plan

Written By: Leilani Kagan and Glen Agar


The transfer of farming operations is often the most difficult issue for producers. It is both emotional and stressful, but also inevitable. Some producers have a natural succession plan with a child or children ready, willing and able to carry on the tradition. Others, for a variety of reasons, must look outside the family.

It is always best to have a transition plan established well in advance of the actual time of the transfer, which will address both expectations for all members of the family and the inevitable tax planning issues. It can also provide a focus for an orderly transition of the business as opposed to the perpetual “next year” syndrome.

This article appeared in Country Guide Magazine, and is reproduced with permission.

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Arbitration Clauses in Construction Contracts


Written By: Ross McFadyen


As we are all aware, disputes arise from time to time between parties involved in construction projects. In the absence of any agreement between those parties to the contrary, the “default” method for resolving such disputes is litigation before the courts. While Canadian courts continue to deal on a regular basis with construction related disputes, there is an ever-increasing trend for parties involved in construction projects to elect alternative methods of dispute resolution. One of the primary methods used is arbitration, and it is now common to see arbitration clauses in construction contracts (see, for example, the dispute resolution provisions found in the general conditions of the CCDC 2 - Stipulated Price Contract, which allow either party to engage arbitration following unsuccessful attempts to resolve a dispute through mediation).

This article appeared in the Manitoba Heavy Construction Association newsletter, The Heavy News Weekly, and is reproduced with permission.

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Show Me The Money - Raising Capital for Start-up Businesses

Written By: Glen Agar


You have an idea which you believe you could turn into a business, and you are certain that it is a good idea, defining a “good” idea as one that makes lots of money. You talk to your confidants and are reassured that it is a good idea, and in fact, most of them think this is a fantastic idea - and there is no telling how much money a “fantastic” idea can make, but it is surely big.

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Social Enterprise and Social Finance: The Infrastructure behind Social Innovation and “Philanthrocapitalism”


Written By: Jan Lederman

There is increasing discourse in Canada and elsewhere on the topic of social innovation. Governments in jurisdictions such as the United Kingdom and the United States see social innovation as a legitimate public policy approach, and governments in Canada are being asked to take a more active role. Notwithstanding this, a number of social innovation concepts are not well understood in Canada except by those actively working in the area, and there appears to be no consensus on the appropriate role to be played by government in advancing the social innovation agenda.

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VIDEOS


A brief history of TDS with Don Douglas, TDS CEO & Managing Partner

Managing Partner & CEO, Don Douglas, talks about the history of the firm and our client-centric view of the world.

Play the video (2 minutes)


Business Immigration at TDS - Jennifer Ervick

Jennifer introduces herself. Her practice includes business immigration. She assists businesses and their executives with a wide variety of immigration and citizenship matters, including temporary resident visas, work and study permits, permanent residence and Canadian citizenship.

Play the video (1.5 minutes)


Intellectual Property at TDS - Silvia de Sousa

Silvia de Sousa, a partner with the firm briefly talks about the firm's intellectual property and technology practice areas.

Play the video (30 seconds)


Demystifying Global Business Risk

On June 9th, 2011, Western Union, along with BDO, Export Development Canada, Farm Credit Canada, GHY International, CentrePort Canada and Thompson Dorfman Sweatman LLP hosted a case-study seminar focusing on importing & exporting from the Canadian market, transportation logistics, global risk, lending, legal issues, tax concerns, currency exchange and risk mitigation. The seven videos below are from this event and are in order of the speakers at the seminar.


Diane Gray - CentrePort Canada

Diane Gray, from CentrePort Canada (www.centreportcanada.ca) talked about what CentrePort Canada is, their free trade zone and how Canada is ranked the best place in the G7 to do business.

Play the video (16 minutes)


Ralf Miner - Export Development Canada

Ralf Miner, from Export Development Canada (www.edc.ca) talked about services provided by EDC such as political risk insurance and accounts receivable insurance.

Play the video (10 minutes)


Bob Cowie - GHY International

Bob Cowie, from GHY International (www.ghy.com) spoke about international trade and logistics.

Play the video (12 minutes)


Bonnie Bain - Farm Credit Canada

Bonnie Bain, from Farm Credit Canada (www.fcc-fac.ca) spoke about how FCC's lending services differ from those of traditional lenders.

Play the video (11 minutes)


Geoff Garland - BDO

Geoff Garland, from BDO (www.bdo.ca) spoke about taxation issues on international trade, including transfer pricing.

Play the video (16 minutes)


Jeff Pniowsky - Thompson Dorfman Sweatman LLP

Jeff Pniowsky, from Thompson Dorfman Sweatman LLP (www.tdslaw.com) spoke about tax law, the CRA and the audit process.

Play the video (15 minutes)


Mark Kelly - Western Union Business Services

Mark Kelly, from Western Union Business Solutions (business.westernunion.com) talked about currency exchange, hedging and solutions provided by Western Union.

Play the video (5 minutes)
UPCOMING SEMINARS


Nov 15: Integrated Trade Compliance Strategy

Join several of Manitoba’s leading professional service firms, as we share the insights and information gathered from these success stories and distill them into the seven best practices to achieve an Integrated Trade Compliance Strategy.

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Nov 16: Introduction to Charity Law

This introductory session will examine what it means to become and maintain charitable status according to criteria set forth by common law and Canada Revenue Agency guidelines. The session will expose some of the common pitfalls in maintaining charitable status, examine legal obligations of being a registered charity and discuss strategies for avoiding problems down the road.

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Nov 22: CME Trade Summit

Together with leading local and national organizations, CME is proud to present this premier trade event supporting SMEs in Manitoba. This event will feature speakers, practitioners, and service providers that can support your international sales and growth plans. Get an understanding and the tools needed to evaluate your company, markets, and learn best practices from local companies like yours.

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Nov 23: Investing and Exiting in Turbulent Times

Three years after the peak of the global financial crisis, volatility and uncertainty has returned to capital markets and the global economy. The outlook for credit markets, equity markets, and economic growth are all in question. How are these developments affecting private equity and venture capital? What are the implications for Canadian sponsors as they seek to make new investments and exit current investments? Hear leading Canadian investors and capital markets participants discuss their views.

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Nov 24: CAMA seminar: The CWB & Bill C-18: Change is Coming...

Recognizing the historic changes ahead for the marketing of wheat produced by Western Canadian Farmers, CAMA Manitoba has organized a panel of experts who will provide their professional and personal perspectives on the important aspects of this historic change in the agricultural market place.

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Nov 29: Tendering & Procurement – Legal Strategies

An overview of the procurement process and your legal rights as a bidder; best practices for making the most out of a tendering bid and strategies to avoid pitfalls and liability for costs; an update as to the latest developments in the law (Tercon and beyond).

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PRESS RELEASES


Thompson Dorfman Sweatman LLP announces Supreme Court of Canada renders important decisions on aboriginal taxation

Jeff Pniowsky, a Tax Dispute Resolution Lawyer with Thompson Dorfman Sweatman LLP, a Winnipeg-based law firm, successfully acted on behalf of the intervenor, Assembly of Manitoba Chiefs in the Supreme Court of Canada (SCC) cases of Bastien and Dube (2) - dealing with tax exemption related to property and interest income on Indian reserves.

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Thompson Dorfman Sweatman LLP Congratulates Lawyers on their Call to the Bar

The partners of Thompson Dorfman Sweatman LLP (TDS) congratulate Stéphanie M. Messner and Danny C. Spencer on their Call to the Manitoba Bar and welcome each of them as new associate lawyers at TDS.

Stéphanie Messner’s practice is focused primarily on the areas of corporate and commercial law and real estate transactions, as well as in civil litigation. Danny Spencer will serve clients in the areas of corporate and commercial law and labour relations and will also provide services in civil litigation and real estate transactions.

Read more
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    DISCLAIMER

This e-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.
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