The Domain Game: The Tall Task of Controlling Consumer Criticism in the Age of dotSucks

Blog Post
June 29, 2015
Read Time: 4 minutes

Last year, the Internet Corporation for Assigned Names and Numbers (ICANN) approved over 500 new ‘top-level’ domains. Although a number of them, like dotPorn and dotAdult, have stirred up controversy online for obvious reasons, none have attracted the business community’s attention quite like the recently approved dotSucks domain.

Extra-Provincial Corporations: Things to Know Before You Go

Blog Post
April 29, 2015
Read Time: 2 minutes

Individual extra-provincial registration laws vary. In Ontario, the Extra-Provincial Corporations Act does not require Ontario and federal corporations to obtain a license before carrying out business in the province. However, most other provinces are not so generous to federally governed entities. Instead, the general rule is that all corporations are required to complete some kind of registration when operating a business in a province or territory where they were not incorporated. Federal business corporations incorporated under the Canada Business Corporations Act are also subject to this rule in most Canadian jurisdictions.

Looking to Incorporate Your Business? Five Everyday Differences between Incorporating Under the Ontario and Canada Business Corporations Acts

Blog Post
April 15, 2015
Read Time: 2 minutes

In Canada, legislation allows for the incorporation of a business at both the federal and provincial levels. For a person residing in or intending to operate his or her business out of Ontario, this means that your two most likely options for incorporation will be the Business Corporations Act in Ontario and the Canada Business Corporations Act at the federal level. While these laws are very similar in many respects, there are also important practical and legal implications to choosing one or the other.

Shotgun Clauses in Business Agreements: Ontario Court of Appeal Should Have Contracting Parties on Their Toes

Blog Post
November 5, 2014
Read Time: 3 minutes

If you’re entering into a business relationship with another party, it’s often best to set out the details advance. Regardless of the corporate vehicle you choose – partnership, joint venture, business corporation or other – an agreement can go a long way in securing the proper functioning of that relationship. One type of clause to consider including is a buy-sell provision, commonly referred to as a ‘shotgun clause’.

Contractual Interpretation and Appealing Commercial Arbitration Decisions

Blog Post
October 10, 2014
Read Time: 2 minutes

The Supreme Court of Canada (‘SCC’) has clarified the rules of contractual interpretation in its recent decision, Sattva Capital Corp v Creston Moly Corp. This decision, which centers on the interpretation of a finder’s fee clause in a commercial contract, affirmed the contextual approach to contractual interpretation, which allows decision-makers to take ‘surrounding circumstances’ into account when attempting to determine the parties’ intentions. The Court also confirmed that the standard of review for commercial arbitration decisions was reasonableness and that appellate courts must pay considerable deference to commercial arbitrators.

Welcome to Business Law Focus!

Blog Post
September 25, 2014
Read Time: < 1 minute

We are pleased and excited to introduce Business Law Focus, a new blog published by the Nelligan O’Brien Payne LLP Business Law Group, which will replace our newsletter. Through our regular posts, we will provide you with relevant and timely news on all areas of business law, including business organizations and incorporation, corporate governance, acquisition, reorganization, corporate financing, shareholder agreements, commercial contracts, succession, insolvency, collections and more for businesses throughout Ontario and across Canada.