By Gerald Ashcroft and Renée Lemieux Copyright 2011 - Thompson Dorfman Sweatman LLP 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, ...
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  By Elmer Gomes Copyright 2011 - Thompson Dorfman Sweatman LLP 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, ...
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  By Leilani Kagan Copyright 2011 - Thompson Dorfman Sweatman LLP Owners of family farms may take advantage of fairly simple planning strategies to minimize taxes and to creditor-proof their assets. Where an individual does not incorporate a family farm business, the $750,000 capital gains exemption is still available to the individual or a family ...
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  By Allison Fenske Copyright 2011 - Thompson Dorfman Sweatman LLP 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. Prior to the criminal charges in 2010 highlighted above, there had been only ...
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  By Jon Woolley Copyright 2011 - Thompson Dorfman Sweatman LLP 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"). mandatory ADR process (including mediation, arbitration ...
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  By Maria Grande Copyright 2011 - Thompson Dorfman Sweatman LLP 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 ...
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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 ...
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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 ...
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Most individuals hired by businesses to assist them in carrying out their operations will be considered to be employees. The employee will be protected by the provisions of Manitoba’s Employment Standards Code (the “Code”), and will be entitled to certain benefits such as vacation pay, general holiday pay, and, upon termination of the employment ...
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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 ...
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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 ...
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By Lisa Stiver   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 ...
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By Peter Sim   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 ...
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By Jeff Pniowsky   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.   Tax planning is the process of structuring one’s affairs ...
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By Melissa Beaumont   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 ...
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  Introduction 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 ...
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By Elmer Gomes   The marketing potential of Social Media is very quickly being recognized and explored by many businesses and organizations. This is understandable given the number of connections and interactions with prospective customers, clients and business associates that can be made and the ease of doing so. Facebook pages are established for ...
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By Scott Hoeppner   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 ...
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By Ross McFadyen and Rob Olson   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 ...
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By Michael A. Choiselat, with assistance from Laura C. Workman (Articling Student-at-law)   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.                                        ...
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By Silvia de Sousa, with assistance from Tatiyana Bubnowicz (Articling Student-at-law)   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 ...
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By: Robert J.M. Adkins, Sacha R. Paul, P. Michael Sinclair, Q.C., Allison Fenske     INTRODUCTION     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 ...
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By Jan Lederman   Most new companies eventually face the need for additional capital that cannot be funded, or “bootstrapped”, by the founder. The principals of these bootstrapped 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 ...
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By Peter Glowacki   There are generally four equally important aspects of an effective estate plan, being: The Will; Planning while an individual is alive; General (Enduring) Power of Attorney; and Health Care Directive or Living Will.   The four parts of the estate plan should achieve the following objectives: are maximize ...
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The following article appeared on Page 83 of The 2010 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada and is reproduced with permission. Article By: Robert J.M. Adkins, Sacha R. Paul, P. Michael Sinclair, Q.C,  Allison Fenske   INTRODUCTION   Recently, the former Grand Chief of the Assembly of First Nations, Phil ...
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By Terra Welsh While there has been a flurry of media attention paid to H1N1 in recent months, there has been limited focus on what Manitoba businesses should do to prepare for an H1N1 pandemic. A pandemic could have a devastating effect on business operations and it is vital that businesses do what they can to be ready. Provincial workplace safety and health, ...
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SYMPOSIUM ON LAW, PHILANTHROPY AND NEW ECONOMIC CHALLENGES CHANGING THE RULES OF ENGAGEMENT The Fort Garry Hotel September 16, 2009 FUNDING CHALLENGES FACING CHARITIES AND NON-PROFTS Speaking Notes by the Moderator, Janice Y. Lederman Thompson Dorfman Sweatman LLP Let me start this panel by setting the context for our discussion on funding ...
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There are a great many statutes and regulations in force in the Province of Manitoba, Canada, which might be of interest or concern to a foreign business-person or investor. Space constraints make it impossible to mention them all, let alone deal with any of them to any great extent. Before embarking on any venture in this Province, it would be prudent for the ...
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by John Stefaniuk and Jeff Kowall [This article appeared in Mid-Canada Forestry and Mining magazine.]   Government legislation in Ontario and a federal Private Member’s Bill may bring significant changes for the Canadian mining industry, both domestically and internationally. Ontario’s Bill 173 - Restrictions on Exploration, Requirements ...
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Antoine Hacault, with the assistance of Stéphanie Messner, Summer Student, prepared a paper entitled “A Primer on Expropriation - Are You Missing Elements of Compensation?” which was presented at the Annual Conference of the Appraisal Institute of Canada, held in Mont-Tremblant, Quebec from May 27th to 30th, 2009. To view the full paper click ...
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On April 16th, 2009 Antoine Hacault and Rob Olson presented to the Association of Manitoba Municipalities in Brandon, Manitoba at the 2009 Municipal Officials Seminar. The topic “Employment Terminations: Do’s, Don’ts and Dollars” was taken in by over 300 municipal officials. To view the full presentation information click on the above ...
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Proceeds of Crime (Money Laundering) and Terrorist Financing Act was passed by the Parliament of Canada to implement specific measures to detect and deter money laundering and financing of terrorist activities. The Act established client identification and verification requirements for financial institutions and related professionals whose services are susceptible ...
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On February 10, 2009, Peter Glowacki presented to Society of Trust and Estate Practitioners at the Fairmont Hotel. The title of his presentation was So you've been asked to be an Executor: What you don't know can hurt you . You can download a copy of this presentation for viewing....
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By Silvia de Sousa A summary of key issues on doing cross-border business in Manitoba, Canada. This article touches on labour and employment law, intellectual property law, incentives for doing business in Manitoba and legal considerations when performing cross-border business in Manitoba. This contribution will appear in the 14th edition of Practical Law ...
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by John D. Stefaniuk, Partner Municipalities and other public bodies are often involved in projects or purchasing in which the contract is put out for tender. The tendering process helps to ensure that contracts are awarded to qualified suppliers, on the most advantageous terms (financial and otherwise) for the municipality and without improper political ...
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In its broadest sense, Aboriginal law is the law concerning Aboriginal people; thus this area of law touches on many other areas of law such as property law, constitutional law, or family law. For resource developers, the area of Aboriginal law of most importance deals with Indigenous rights. Indigenous rights are treaty rights, Aboriginal rights, and Aboriginal ...
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