Rely on TDS is a quarterly newsletter published by Canadian law firm, Thompson Dorfman Sweatman LLP (TDS) which contains a range of articles on different topics of interest. http://www.tdslaw.com/newsletter/2011/June/ en 2011 - Thompson Dorfman Sweatman LLP (TDS) Tue, 7 Jun 2011 09:00:00 -0600 Tue, 7 Jun 2011 09:00:00 -0600 www.tdslaw.com 90 http://www.tdslaw.com/images/logo2.jpg http://www.tdslaw.com/newsletter/2011/June/ TDS Logo The speed of technology advancement is incredible and to many, overwhelming. Many well-known and successful innovations like Facebook, YouTube and even Apple, were once small start-ups created by entrepreneurs. This is the story of C3A Inc., a Converged Digital Media company comprised of a small group of highly capable and experienced technologists with complementary skills, and the career path of an entrepreneur who benefited from some key lessons learned the second time around. Client Focus clientservices@tdslaw.com http://www.tdslaw.com/newsletter/2011/June/articles/C3A_-_lessons_in_entrepreneurship_from_the_frontlines_of_technology.pdf http://www.tdslaw.com/newsletter/2011/June/articles/C3A_-_lessons_in_entrepreneurship_from_the_frontlines_of_technology.pdf Tue, 07 Jun 2011 13:00:00 -0600 tdslaw.com On April 1, 2011, significant changes were made to Canada's Temporary Foreign Worker Program pursuant to amendments to the Foreign Worker Regulations of the Immigration and Refugee Protection Act (Canada). The amendments aim to improve the protection of temporary foreign workers (TFWs). The changes, which are outlined in this article, will affect the ability of employers to hire and retain foreign workers. It is important that employers understand the changes and develop strategies to ensure compliance with the new Regulations. Recent Developments jee@tdslaw.com http://www.tdslaw.com/newsletter/2011/June/articles/changes_to_canadian_foreign_worker_regulations.pdf http://www.tdslaw.com/newsletter/2011/June/articles/changes_to_canadian_foreign_worker_regulations.pdf Tue, 07 Jun 2011 13:00:00 -0600 tdslaw.com The Canada Consumer Product Safety Act (CCPSA) comes into effect on June 20, 2011. The Act is a sweeping piece of legislation, governing anyone who manufactures, imports, advertises or sells a consumer product. The definition of "consumer product" is broad and means any product, including its components, parts and accessories, that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes, including domestic, recreational and sports purposes, and includes the packaging. Recent Developments mdlb@tdslaw.com http://www.tdslaw.com/newsletter/2011/June/articles/canada_consumer_product_safety_act_will_change_your_business.pdf http://www.tdslaw.com/newsletter/2011/June/articles/canada_consumer_product_safety_act_will_change_your_business.pdf Tue, 07 Jun 2011 13:00:00 -0600 tdslaw.com Promotional contests are contracts between the contest provider and the contestants, with the terms of the contract being set out in the contest rules. Accordingly, in addition to complying with the rule requirements of the Criminal Code and Competition Act, it is important to ensure that the rules of the contest are structured in such a way as to reduce contractual liability to the extent possible, and contain provisions which clearly set out the rights and obligations of the contest promoter and the contestants. Article dmm@tdslaw.com http://www.tdslaw.com/newsletter/2011/June/articles/no_purchase_necessary_the_pitfalls_of_promotional_contests.pdf http://www.tdslaw.com/newsletter/2011/June/articles/no_purchase_necessary_the_pitfalls_of_promotional_contests.pdf Tue, 07 Jun 2011 13:00:00 -0600 tdslaw.com Parents often want to restructure their family corporation through an estate freeze, to minimize the impact of corporate taxes in the event of death and for creditor proofing. If this is not done properly, the gifted shares will not be excluded from a child's family property accounting in the event of a failed marriage or common-law relationship. The 2010 Ontario Superior Court of Justice decision in McNamee v. McNamee is a very important decision because it may restrict the ability of parents to gift all or part of a family corporation so as to exclude the gift under a family property accounting. Article rgal@tdslaw.com http://www.tdslaw.com/newsletter/2011/June/articles/the_estate_freeze_and_risks_in_gifting_shares.pdf http://www.tdslaw.com/newsletter/2011/June/articles/the_estate_freeze_and_risks_in_gifting_shares.pdf Tue, 07 Jun 2011 13:00:00 -0600 tdslaw.com The Federal Court of Canada has recently declared that business methods are not excluded from patentability. It has quashed the decision of the Commissioner of Patents not to allow the patent application for Amazon.com's "1-click". The Court stated that business methods, like any invention, are to be assessed in terms of the categories of art, machine, process, manufacture or composition of matter. Business methods should not be given their own category of exclusion according to the Federal Court. Article svd@tdslaw.com http://www.tdslaw.com/newsletter/2011/June/articles/legal_insights_on_patents_and_trademarks.pdf http://www.tdslaw.com/newsletter/2011/June/articles/legal_insights_on_patents_and_trademarks.pdf Tue, 07 Jun 2011 13:00:00 -0600 tdslaw.com In Manitoba, the start of spring after a long cold winter is traditionally a welcome event. However, in recent years, the start of spring has become synonymous with another, less welcome event: flood season. This spring, several areas of Manitoba are dealing with record high water levels and many areas of the Province have faced difficulties with flooding. For the construction industry, flooding and other adverse weather events may have severe impacts on project schedules and costs. If you're faced with a situation where your work will be impacted by causes outside of your control, you will want to consult the force majeure provisions in your contract. Article aemf@tdslaw.com (Allison Fenske) http://www.tdslaw.com/newsletter/2011/June/articles/Flooding_and_Force_Majeure_Clauses.pdf http://www.tdslaw.com/newsletter/2011/June/articles/Flooding_and_Force_Majeure_Clauses.pdf Tue, 07 Jun 2011 13:00:00 -0600 tdslaw.com Jeff Pniowsky, a Tax Dispute Resolution Lawyer, briefly discusses the CRA tax audit and appeals process and some of the issues that may arise. Formerly a senior Tax Litigator with the Federal Department of Justice acting on behalf of the Canada Revenue Agency (CRA) for almost 10 years, Jeff now serves local and national clients with a wealth of experience in litigating at all levels of both the Provincial and Federal courts. Video jdp@tdslaw.com http://www.tdslaw.com/youtube/k4RTil9Pq4M/ http://www.tdslaw.com/youtube/k4RTil9Pq4M/ Tue, 07 Jun 2011 13:00:00 -0600 tdslaw.com The partners of Thompson Dorfman Sweatman LLP (TDS) congratulate Sacha R. Paul, Jeffrey D. Pniowsky, Andrew L. Thompson, and Jonathan M. Woolley on their admission to partnership. Don Douglas, TDS CEO and Managing Partner said, "We are very pleased to announce that Sacha, Jeff, Andrew and Jon have accepted our invitation to join the Partnership". Douglas added, "These four lawyers will continue to be a tremendous asset to our clients, their practice groups and the entire firm." Press Release http://www.tdslaw.com/media/files/tdsannouncedfournewpartners.pdf http://www.tdslaw.com/media/files/tdsannouncedfournewpartners.pdf Thu, 14 Apr 2011 10:35:00 CST tdslaw.com Thompson Dorfman Sweatman LLP (TDS) has again been recognized by Lexpert®, The Business Magazine for Lawyers as the leading corporate law firm in Manitoba. TDS is the only Manitoba firm to be placed at the centre of its 2011 "Bulls-Eye" ranking of corporate/commercial law practices in Winnipeg. This acknowledgment reflects the strong reputation of both the TDS business law group and the corporate/commercial litigation practice at the firm. Press Release http://www.tdslaw.com/media/files/2011lexpertleadinglawfirmpressrelease.pdf http://www.tdslaw.com/media/files/2011lexpertleadinglawfirmpressrelease.pdf Tue, 3 May 2011 9:00:00 CST tdslaw.com In February, TDS had the opportunity to interview Claude Vielfaure from HyLife, a La Broquerie, Manitoba based food company. Although the current economic times have been a challenge for many industries, the pork sector has arguably faced some of the most significant challenges. High grain prices, a high Canadian dollar, low pork prices, and the U.S. mandated country-of-origin labelling are just a few examples of the obstacles the pork sector has had to overcome in the past few years. It is a big story when any company succeeds in this kind of a downturn. This is the story of HyLife, Ltd. and the secret of their success. Client Focus clientservices@tdslaw.com http://www.tdslaw.com/newsletter/2011/March/articles/hylife_-_the_evolution_from_pork_to_fork.pdf http://www.tdslaw.com/newsletter/2011/March/articles/hylife_-_the_evolution_from_pork_to_fork.pdf Tue, 21 Mar 2011 09:00:00 -0600 tdslaw.com I will admit it. Everyday, along with tens of millions of others, I log onto my Facebook account to peruse the status updates of my 100 or so "friends" - a group made up of family, close friends, co-workers, and a random assortment of people I went to high school with, sat beside on the bus, or met in an elevator once. Recently, I noticed the status of one "friend" who had had a bad day at work and was clearly ready to vent about it. "Wait," I told him. "I wouldn't be too quick to post anything about work if I were you." Recent Developments mdlb@tdslaw.com (Melissa Beaumont) http://www.tdslaw.com/newsletter/2011/March/articles/be_careful_who_your_friends_are.pdf http://www.tdslaw.com/newsletter/2011/March/articles/be_careful_who_your_friends_are.pdf Tue, 21 Mar 2011 09:00:00 -0600 tdslaw.com On February 11, 2011, the Supreme Court of Canada issued its decision in the Alberta case of Smith v. Alliance Pipeline Ltd. As Justice Fish colourfully described it, "The seeds of this dispute were sown in a thin layer of manure spread by the appellant on a strip of his land that the respondent was obliged to reclaim." Recent Developments jds@tdslaw.com (John Stefaniuk) http://www.tdslaw.com/newsletter/2011/March/articles/You_Can_Pay_Me_Now_or-The_Smith_Decision_and_Costs_in_Expropriation.pdf http://www.tdslaw.com/newsletter/2011/March/articles/You_Can_Pay_Me_Now_or-The_Smith_Decision_and_Costs_in_Expropriation.pdf Tue, 22 Mar 2011 09:00:00 -0600 tdslaw.com In Canada approximately 40% of marriages come to an end prematurely. Separation from a spouse is one of the most difficult, painful and stressful experiences that anyone will ever face. Children of separating parents face their own challenges. After a separation, individuals often experience feelings such as anxiety, isolation, anger, fear, guilt, depression, loss of control, incompetence and/or insecurity. For many, these emotions are at times almost overwhelming. It is important that anyone going through a separation or divorce seek advice from a family law lawyer as soon as possible after the separation. Article gsa@acumencorpdev.com (Gerald Ashcroft) and rgal@tdslaw.com (Renée Lemieux) http://www.tdslaw.com/newsletter/2011/March/articles/legal_tips_to_help_deal_with_the_difficulties_following_a_separation.pdf http://www.tdslaw.com/newsletter/2011/March/articles/legal_tips_to_help_deal_with_the_difficulties_following_a_separation.pdf Tue, 22 Mar 2011 09:00:00 -0600 tdslaw.com As farms and agri-businesses get bigger and more sophisticated, there are not only new opportunities but also continuous and growing pressures on margins and on resources, both human and capital. Increasingly, this means drawing on the skills, knowledge, experience and in many instances, foresight and resources of others to meet these evolving needs. Success requires getting the most out of professional and trusted advisers, including lawyers, accountants and lenders. No doubt, there are others - not only those who provide professional services, but those in the industry who have experience and specific knowledge. Article ejg@tdslaw.com (Elmer Gomes) http://www.tdslaw.com/newsletter/2011/March/articles/getting_the_most_out_from_your_advisers.pdf http://www.tdslaw.com/newsletter/2011/March/articles/getting_the_most_out_from_your_advisers.pdf Tue, 22 Mar 2011 09:00:00 -0600 tdslaw.com Owners of family farms may take advantage of fairly simple planning strategies to minimize taxes and to creditor-proof their assets. This article looks primarily at how incorporation may be used to reduce your family tax burden while you are farming or in retirement, and to make effective use of capital gains provisions through your estate. A future article will focus more directly on the potential benefits of family trusts. Before selecting any such option, it is important to obtain legal, accounting and financial planning advice for your specific farm and family circumstances. Article ljk@tdslaw.com (Leilani Kagan) http://www.tdslaw.com/newsletter/2011/March/articles/tax_planning_strategies-_why_consider_incorporation.pdf http://www.tdslaw.com/newsletter/2011/March/articles/tax_planning_strategies-_why_consider_incorporation.pdf Tue, 22 Mar 2011 09:00:00 -0600 tdslaw.com In a wake-up call to employers across Canada, this past year has seen an increase in criminal charges against corporate employers and individual supervisors following a spate of fatal workplace accidents. In February 2010, Millennium Crane Rentals Ltd., along with its owner and a crane operator were charged with criminal negligence causing death after an April 2009 accident where a mobile crane contracted by Sault Ste. Marie toppled into an excavation in which city workers were doing sewage work, crushing one of the workers to death. Article aemf@tdslaw.com (Allison Fenske) http://www.tdslaw.com/newsletter/2011/March/articles/criminal_liability_in_workplace_accidents.pdf http://www.tdslaw.com/newsletter/2011/March/articles/criminal_liability_in_workplace_accidents.pdf Tue, 22 Mar 2011 9:00:00 CST tdslaw.com In the past year, I've received more calls than ever about contracts with provisions that call for one or both parties to waive certain protections afforded to them under The Builders' Liens Act (the "Act"). Perhaps it is indicative of people taking a "DIY" approach to contract drafting, or the abundance of precedent contracts (from foreign jurisdictions) available on the internet, but I've definitely noticed an uptick in the presence of these clauses. There's only one problem with lien waiver clauses - they are prohibited in Manitoba. Article jmw@tdslaw.com (Jon Woolley) http://www.tdslaw.com/newsletter/2011/March/articles/lien_waivers_-_cant_do_it_dont_try_it.pdf http://www.tdslaw.com/newsletter/2011/March/articles/lien_waivers_-_cant_do_it_dont_try_it.pdf Tue, 22 Mar 2011 9:00:00 CST tdslaw.com Lawsuits are common in the construction industry. When embarking on any major construction project, companies will often obtain insurance to protect themselves in the event of an accident (an event which is neither expected nor intended). However, on occasion a claim arises in relation to a construction project where a company may not have the protection it believed it had in place. As a result, the company finds itself being met by the insurance company saying that the claim falls outside the policy, and the insurer saying it has no duty to defend the company in the lawsuit. In such scenarios, what generally ensues is litigation between the company and the insurer on the issue of defence coverage. Article mlg@tdslaw.com (Maria Grande) http://www.tdslaw.com/newsletter/2011/March/articles/Liability_Insurance_-_Duty_to_Defend.pdf http://www.tdslaw.com/newsletter/2011/March/articles/Liability_Insurance_-_Duty_to_Defend.pdf Tue, 22 Mar 2011 9:00:00 CST tdslaw.com In January, Allison Fenske was interviewed on CBC North's Radio One on the morning show, Trailblazers regarding Bill C-3 restoring status to desendents of aboriginal women who married non-status men. TDS In The Media mlg@tdslaw.com (Maria Grande) http://www.tdslaw.com/media-library/2011/Radio-Interviews/AEMF-CBC/ http://www.tdslaw.com/media-library/2011/Radio-Interviews/AEMF-CBC/ Tue, 22 Mar 2011 9:00:00 CST tdslaw.com Sixteen lawyers from Thompson Dorfman Sweatman LLP (TDS) have been listed in the recent edition of The Best Lawyers in Canada by Best Lawyers. Don Douglas, CEO and Managing Partner of TDS says, "We know that TDS has some of the finest lawyers in Canada, which has now been confirmed by Best Lawyers, a nationally respected organization serving the legal profession." Press Release http://www.tdslaw.com/media/files/march2011bestlawyerspressrelease.pdf http://www.tdslaw.com/media/files/march2011bestlawyerspressrelease.pdf Wed, 09 Mar 2011 9:00:00 CST tdslaw.com For most businesses that hire individuals to assist them in carrying out their operations, the relationship will be a clear one of employer/employee. However, not all individuals engaged by a business to provide services and will be "employees? and therefore entitled to the benefits conferred by the Code. The Code specifically excludes "independent contactors", yet does not in any way define what an independent contractor is. Article hbm@tdslaw.com (Hayley Main) http://www.tdslaw.com/newsletter/2010/Dec/articles/independent_contractor_or_employee.pdf http://www.tdslaw.com/newsletter/2010/Dec/articles/independent_contractor_or_employee.pdf Tue, 14 Dec 2010 09:00:00 -0600 tdslaw.com Effective October 31, 2010, the Canada Border Services Agency (CBSA) implemented the Advanced Commercial Information (ACI) eManifest Program for shipments arriving in Canada by truck. The eManifest Program is driven in large part by the border security requirements agreed to by the United States and Canada in the wake of the 9/11 events. Following 9/11, the customs world witnessed a shift to enforcement of security measures as opposed to compliance matters. With the introduction and enforcement of eManifest, the CBSA is redirecting its attention to compliance matters as well. Article pjb@tdslaw.com (Paul Brett) and Leandro Zylberman (ldz@tdslaw.com) http://www.tdslaw.com/newsletter/2010/Dec/articles/eManifest_has_arrived.pdf http://www.tdslaw.com/newsletter/2010/Dec/articles/eManifest_has_arrived.pdf Tue, 14 Dec 2010 09:00:00 -0600 tdslaw.com When a company wishes to raise equity financing, more often than not, senior management looks to external sources such as private equity or venture capital. Given tight equity markets, an alternative source of equity financing could come from employees. The obvious advantages of this type of equity is that the employee understands and is engaged in the business so there is no need to have to "sell" the investment in the company to the employee investor. Article awortzman@acumencorpdev.com (Anita Wortzman) and ljk@tdslaw.com (Leilani Kagan) http://www.tdslaw.com/newsletter/2010/Dec/articles/raising_equity_from_employees.pdf http://www.tdslaw.com/newsletter/2010/Dec/articles/raising_equity_from_employees.pdf Tue, 14 Dec 2010 09:00:00 -0600 tdslaw.com If your municipality is the proud location of federal government or federal agency land or buildings, chances are you already know about "payments in lieu of taxes" or "PILT". Under section 125 of the Constitution Act, 1867, the Government of Canada is exempt from paying any taxes imposed by local governments. In recognition of the municipal services received by these properties, the federal government pays a discretionary PILT. All of this is laid out in the Payment in Lieu of Taxes Act and regulations. Article jds@tdslaw.com (John Stefaniuk) http://www.tdslaw.com/newsletter/2010/Dec/articles/got_pilt.pdf http://www.tdslaw.com/newsletter/2010/Dec/articles/got_pilt.pdf Tue, 14 Dec 2010 09:00:00 -0600 tdslaw.com Natural resource businesses exist in a world of government regulation. Whether under occupational health and safety, resource management, environmental stewardship or taxation, laws permit government to carry out inspections and investigations to ensure compliance. Regulated businesses need to be in a position to demonstrate to the regulators that there has been full compliance. Where there may have been a slip, the only defence that may be available is proving that the business has exercised due diligence by doing everything reasonably possible to comply with the law. A big part of avoiding charges and successfully defending prosecutions involves having a plan and knowing how to respond to regulators when they conduct their inspections and investigations. Article jge@tdslaw.com (Jim Edmond) and jds@tdslaw.com (John Stefaniuk) http://www.tdslaw.com/newsletter/2010/Dec/articles/When_The_Regulators_Come_Calling.pdf http://www.tdslaw.com/newsletter/2010/Dec/articles/When_The_Regulators_Come_Calling.pdf Tue, 14 Dec 2010 09:00:00 -0600 tdslaw.com Press Release http://www.tdslaw.com/media/files/winnipegbestlawyersoftheyear2011pressrelease.pdf http://www.tdslaw.com/media/files/winnipegbestlawyersoftheyear2011pressrelease.pdf Tue, 30 Nov 2010 7:01:00 CST tdslaw.com This is part 1 of 5 of a seminar titled "Developing a Successful Canadian Business Strategy" hosted by TDS as part of Centrallia 2010. Podcast http://www.tdslaw.com/youtube/inJ8g5gvEAs/ http://www.tdslaw.com/youtube/inJ8g5gvEAs/ Tue, 14 Dec 2010 9:00:00 CST tdslaw.com This is part 2 of 5 of a seminar titled "Developing a Successful Canadian Business Strategy" hosted by TDS as part of Centrallia 2010. Podcast http://www.tdslaw.com/youtube/lPoNDcvpoM8/ http://www.tdslaw.com/youtube/lPoNDcvpoM8/ Tue, 14 Dec 2010 9:00:00 CST tdslaw.com This is part 3 of 5 of a seminar titled "Developing a Successful Canadian Business Strategy" hosted by TDS as part of Centrallia 2010. Podcast http://www.tdslaw.com/youtube/ol-STEIBhpo/ http://www.tdslaw.com/youtube/ol-STEIBhpo/ Tue, 14 Dec 2010 9:00:00 CST tdslaw.com This is part 4 of 5 of a seminar titled "Developing a Successful Canadian Business Strategy" hosted by TDS as part of Centrallia 2010. Podcast http://www.tdslaw.com/youtube/WRnzNldPPvs/ http://www.tdslaw.com/youtube/WRnzNldPPvs/ Tue, 14 Dec 2010 9:00:00 CST tdslaw.com This is part 5 of 5 of a seminar titled "Developing a Successful Canadian Business Strategy" hosted by TDS as part of Centrallia 2010. Podcast http://www.tdslaw.com/youtube/avvazFQ5jRg/ http://www.youtube.com/watch?v=avvazFQ5jRg Tue, 14 Dec 2010 9:00:00 CST tdslaw.com The law of tendering and procurement for goods and services has been an area of mounting litigation over the past few years, the result of which is a breadth of case law rapidly emerging in this already complex and confusing area of law. However, one case stands out among the masses and has people sitting up to take notice - the decision of the Supreme Court of Canada in February of this year of Tercon Contractors Ltd. v. British Columbia (Tercon). This case has been considered by experts to be the most significant case in procurement law since the seminal Ron Engineering case in 1981 (Ontario v. Ron Engineering and Construction Eastern (Ltd.)). Article ljs@tdslaw.com (Lisa Stiver) http://www.tdslaw.com/newsletter/2010/Oct/articles/procurement_liability_clauses.pdf http://www.tdslaw.com/newsletter/2010/Oct/articles/procurement_liability_clauses.pdf Wed, 06 Oct 2010 09:00:00 CST tdslaw.com Registration of financing statements under The Personal Property Security Act is a routine part of commercial and consumer lending. The mechanics of the registration system are fairly simple and most lenders do it themselves or rely on a registration service. Unfortunately, many lenders make expensive mistakes because they do not understand the rules for determining the correct name of the debtor. Article pas@tdslaw.com (Peter Sim) http://www.tdslaw.com/newsletter/2010/Oct/articles/debtor_descriptions_personal_property_registry.pdf http://www.tdslaw.com/newsletter/2010/Oct/articles/debtor_descriptions_personal_property_registry.pdf Wed, 06 Oct 2010 09:00:00 CST tdslaw.com Many TDS clients, whether individuals, businesses, or not-for-profit corporations, routinely discard old records. Storing historical information indefinitely represents a significant cost and inconvenience. However, documents relating to insurance coverage should be preserved at all costs, since lost or destroyed insurance records can have devastating results. Insurers themselves quite understandably often have flawed or missing policy records, so insureds cannot always rely on their insurers to be in position to provide old policy wordings. Therefore, in addition to records of the insurer’s name and summary details of the coverage, ideally a copy of each entire policy ought to be retained, either a hard copy or digitally imaged copy. Article pjb@tdslaw.com (Paul Brett) http://www.tdslaw.com/newsletter/2010/Oct/articles/retention_and_preservation_of_insurance_policies.pdf http://www.tdslaw.com/newsletter/2010/Oct/articles/retention_and_preservation_of_insurance_policies.pdf Wed, 06 Oct 2010 09:00:00 CST tdslaw.com The leaves are falling, the air is turning cool, the kids are going back to school and our summer holidays are quickly becoming mere memories. What better way to shake off those late summer blues than with a pleasant discussion on … aggressive tax planning. Article jdp@tdslaw.com (Jeff Pniowsky) http://www.tdslaw.com/newsletter/2010/Oct/articles/aggressive_tax_planning.pdf http://www.tdslaw.com/newsletter/2010/Oct/articles/aggressive_tax_planning.pdf Wed, 06 Oct 2010 09:00:00 CST tdslaw.com For the most part, The Labour Relations Act protects the freedom of speech of individuals - which includes that of employers, too. Under The Labour Relations Act, an employer is not denied the freedom to generally express its views to its employees, so long as it does not use intimidation, coercion, threats or undue influence or interfere with the formation of a union. Article mdlb@tdslaw.com (Melissa Beaumont) http://www.tdslaw.com/newsletter/2010/Oct/articles/employees_are_thinking_about_unionizing.pdf http://www.tdslaw.com/newsletter/2010/Oct/articles/employees_are_thinking_about_unionizing.pdf Wed, 06 Oct 2010 09:00:00 CST tdslaw.com The following sixteen TDS lawyers have been named to the 2010 edition of the Best Lawyers in Canada: Richard H.G. Adams (real estate law), Robert J.M. Adkins (aboriginal law and real estate law), Donald G. Douglas (insolvency and financial restructuring), James G. Edmond (insurance law), Robin M. Kersey (labour and employment law), Keith D. LaBossiere (labour and employment law), Kenneth S. Maclean (labour and employment law), Barry N. MacTavish (securities law), Kathleen C. Murphy (aboriginal law), E. William Olson, Q.C. (alternative dispute resolution, bet-the-company litigation, construction law, corporate and commercial litigation, insurance law and labour and employment law), Chrys Pappas, Q.C. (banking law, corporate law and real estate law), William G. Percy (aboriginal law), James A. Ripley (banking law), Sheryl A. Rosenberg (environmental law), P. Michael Sinclair, Q.C. (banking law, corporate law and securities law), John D. Stefaniuk (environmental law and natural resources law). Press Release http://www.tdslaw.com/media/files/sep28bestlawyers.pdf http://www.tdslaw.com/media/files/sep28bestlawyers.pdf Tue, 28 Sept 2010 14:52:00 CST tdslaw.com TDS is pleased to be a gold sponsor in support of Centrallia, Winnipeg's global business-to-business forum. In October 2010, 500 international business leaders from 20 world economic regions will gather in Winnipeg to form new business relationships. As part of this exciting event, TDS is hosting the seminar "Developing a Successful Canadian Business Strategy". TDS will guide Centrallia participants through the key considerations needed before entering the Canadian market. For more information on Centrallia and the TDS seminar visit http://www.tdslaw.com/centrallia/. Press Release http://www.tdslaw.com/media/files/oct5centrallia.pdf http://www.tdslaw.com/media/files/oct5centrallia.pdf Tue, 05 Oct 2010 13:59:00 CST tdslaw.com On September 30, 2010, the temporary foreign worker program for information technology (IT) specialists will come to an end (except for employers wanting to hire foreign workers for positions in Quebec). The purpose of the temporary foreign worker program was to fill critical shortages in Canada's software industry. Citizenship and Immigration Canada has determined that the shortage of IT workers in Canada no longer exists. Article jee@tdslaw.com (Jennifer Ervick) http://www.tdslaw.com/newsletter/2010/June/articles/Temporary_Foreign_Worker_Program.pdf http://www.tdslaw.com/newsletter/2010/June/articles/Temporary_Foreign_Worker_Program.pdf Tue, 22 June 2010 08:00:00 CST tdslaw.com The speed at which Social Media is implemented by businesses to take advantage of marketing opportunities is often very quick. Once the opportunity is recognized, businesses want to be seen as progressive and get ahead of their competition. Unfortunately, in an effort to be the 'first out of the gate', this sometimes means that some businesses may not fully appreciate all of the implications of adopting Social Media strategies as part of their marketing initiatives. Privacy is one example of the issues that businesses have to consider. Article ejg@tdslaw.com (Elmer Gomes) http://www.tdslaw.com/newsletter/2010/June/articles/Social_Media_Applying_Old_Privacy_Laws_to_New_Marketing_Initiatives.pdf http://www.tdslaw.com/newsletter/2010/June/articles/Social_Media_Applying_Old_Privacy_Laws_to_New_Marketing_Initiatives.pdf Tue, 22 June 2010 08:00:00 CST tdslaw.com The law in Canada regarding drug and alcohol testing in the workplace has largely developed within the context of labour and human rights law. Even with the number of decisions which have emerged in recent years, the law remains relatively complex and, at times, difficult to interpret. For example, depending upon the context in which drug or alcohol testing is required (i.e., unionized vs. non-unionized), different considerations can and will apply. As a result, there are a significant number of pitfalls for employers wishing to institute drug and alcohol testing in their workplaces. Article sjh@tdslaw.com (Scott Hoeppner) http://www.tdslaw.com/newsletter/2010/June/articles/Drug_and_Alcohol_Testing_In_The_Workplace.pdf http://www.tdslaw.com/newsletter/2010/June/articles/Drug_and_Alcohol_Testing_In_The_Workplace.pdf Tue, 22 June 2010 08:00:00 CST tdslaw.com Everyone wants to avoid accidents in the workplace. Employers and employees of farming operations are no exception. However, farm workplaces present a variety of hazards, and injuries to workers do occur. It is therefore important for both employers and employees to know the laws applicable to safety and accidents in the workplace. In addition, employers and employees should be aware of the laws in Manitoba relating to the liability of farm employers for injuries to their workers and the compensation available to such workers. Article ram@tdslaw.com (Ross McFadyen) and rwo@tdslaw.com (Rob Olson) http://www.tdslaw.com/newsletter/2010/June/articles/On_the_Farm_It_Is_Saftey_First_But_Accidents_Happen.pdf http://www.tdslaw.com/newsletter/2010/June/articles/On_the_Farm_It_Is_Saftey_First_But_Accidents_Happen.pdf Tue, 22 June 2010 08:00:00 CST tdslaw.com The purpose of this article is to briefly describe the benefits of the limited partnership as a form of business organization and the benefits of choosing Manitoba as the jurisdiction of formation for a limited partnership. Article mac@tdslaw.com (Michael Choiselat) http://www.tdslaw.com/newsletter/2010/June/articles/A_Primer_on_Manitoba_Limited_Partnerships.pdf http://www.tdslaw.com/newsletter/2010/June/articles/A_Primer_on_Manitoba_Limited_Partnerships.pdf Tue, 22 June 2010 08:00:00 CST tdslaw.com If your technology start-up business is looking for venture capital financing, the performance of an intellectual property audit ("IP Audit") is essential to avoid delays in obtaining such financing. IP Audits are an important mitigation strategy to consider prior to any licensing, financing, merger or transfer. After an IP Audit, you will have a better understanding of your intellectual property liabilities, risks and legal status. Intellectual property assets include such things as domain names, copyrights, trade secrets, trademarks, patents, branding and technology and software licences. Article svd@tdslaw.com (Silvia de Sousa) http://www.tdslaw.com/newsletter/2010/June/articles/IP_Audits_Get_Venture_Capital_Flowing_Faster.pdf http://www.tdslaw.com/newsletter/2010/June/articles/IP_Audits_Get_Venture_Capital_Flowing_Faster.pdf Tue, 22 June 2010 08:00:00 CST tdslaw.com Thompson Dorfman Sweatman LLP (TDS) and Perlov Stewart LLP are pleased to announce that effective June 1, 2010 their practices will merge under the name Thompson Dorfman Sweatman LLP. All Perlov Stewart LLP lawyers, I. David Perlov, Allan L. V. Stewart, Peter A. Sim and Gerald S. Ashcroft, are joining TDS. Press Release http://www.tdslaw.com/media/files/may272010pslmergerpressrelease.pdf http://www.tdslaw.com/media/files/may272010pslmergerpressrelease.pdf Tue, 22 June 2010 08:00:00 CST tdslaw.com Recently, TDS launched a quarterly e-newsletter called "Rely on TDS" which features podcasts, a wide range of legal articles and radio interviews related to law and business matters. Individuals interested in signing up for the e-newsletter can subscribe by registering on the TDS web site. Press Release http://www.tdslaw.com/media/files/tdslaw1009943v1web20pressrelease.pdf http://www.tdslaw.com/media/files/tdslaw1009943v1web20pressrelease.pdf Tue, 22 June 2010 08:00:00 CST tdslaw.com Eleven lawyers from Thompson Dorfman Sweatman LLP (TDS) have been recognized nationally as leading practitioners by LEXPERT. The Canadian Legal LEXPERT Directory identifies the leading Canadian law firms and lawyers in more than fifty practice areas across Canada; it is the most comprehensive directory available. The Directory clearly sets out which firms and practitioners are the leaders in their practice areas, and is specifically designed to assist sophisticated users of legal services. Press Release http://www.tdslaw.com/media/files/pressreleaselexpertleadinglawyers2010.pdf http://www.tdslaw.com/media/files/pressreleaselexpertleadinglawyers2010.pdf Tue, 22 June 2010 08:00:00 CST tdslaw.com The partners of Thompson Dorfman Sweatman LLP (TDS) congratulate Alex S. Bainov, Andrea R. Doyle, Hayley B. Main and Laura C. Workman on their Call to the Manitoba Bar and welcome each of them as new associate lawyers at TDS. Press Release http://www.tdslaw.com/media/files/june172010mediarelease.pdf http://www.tdslaw.com/media/files/june172010mediarelease.pdf Tue, 22 June 2010 08:00:00 CST tdslaw.com 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. Client Focus clientservices@tdslaw.com http://www.tdslaw.com/newsletter/2011/Nov/articles/video-conferencing.html http://www.tdslaw.com/newsletter/2011/Nov/articles/video-conferencing.html Wed, 09 Nov 2011 11:00:00 -0600 tdslaw.com 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. Client Focus clientservices@tdslaw.com http://www.tdslaw.com/newsletter/2011/Nov/articles/winpak.html http://www.tdslaw.com/newsletter/2011/Nov/articles/winpak.html Wed, 09 Nov 2011 11:00:00 -0600 tdslaw.com 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. Article ljk@tdslaw.com http://www.tdslaw.com/newsletter/2011/Nov/articles/its-all-in-the-plan.html http://www.tdslaw.com/newsletter/2011/Nov/articles/its-all-in-the-plan.html Wed, 09 Nov 2011 11:00:00 -0600 tdslaw.com 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). Article ram@tdslaw.com http://www.tdslaw.com/newsletter/2011/Nov/articles/construction-arbitration.html http://www.tdslaw.com/newsletter/2011/Nov/articles/construction-arbitration.html Wed, 09 Nov 2011 11:00:00 -0600 tdslaw.com 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. Article gwa@tdslaw.com http://www.tdslaw.com/newsletter/2011/Nov/articles/show-me-the-money.html http://www.tdslaw.com/newsletter/2011/Nov/articles/show-me-the-money.html Wed, 09 Nov 2011 11:00:00 -0600 tdslaw.com 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. Article jyl@tdslaw.com http://www.tdslaw.com/newsletter/2011/Nov/articles/social-enterprise.html http://www.tdslaw.com/newsletter/2011/Nov/articles/social-enterprise.html Wed, 09 Nov 2011 11:00:00 -0600 tdslaw.com 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. Press Release clientservices@tdslaw.com http://www.tdslaw.com/media/files/2011sccdecisiononaboriginaltaxation.pdf http://www.tdslaw.com/media/files/2011sccdecisiononaboriginaltaxation.pdf Fri, 22 Jul 2011 14:30:00 -0600 tdslaw.com 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. Press Release clientservices@tdslaw.com http://www.tdslaw.com/media/files/2011calltothebarpressrelease.pdf http://www.tdslaw.com/media/files/2011calltothebarpressrelease.pdf Thu, 23 Jun 2011 11:00:00 -0600 tdslaw.com