tag:blogger.com,1999:blog-54290254477261076332024-02-20T10:28:29.727-05:00GETTING BUSINESS DONEThoughts, tips and musings about corporate/commercial law and your business in Ontario, Canada.Joanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.comBlogger45125tag:blogger.com,1999:blog-5429025447726107633.post-56469874592889920832012-05-17T15:43:00.004-04:002012-05-17T15:43:33.828-04:00Signing off and over to a new Blog!Barriston LLP is introducing a new Getting Business Done Blog - with contributions from all of our business law lawyers! I think this will be a great opportunity for readers to hear from more than just boring old me! I hope that you will continue to follow us at http://gettingbusinessdone.posterous.com
Thanks for reading!
Joanne McPhailJoanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com2tag:blogger.com,1999:blog-5429025447726107633.post-43070559558357926932012-04-19T13:19:00.003-04:002012-04-19T13:26:48.911-04:00Keeping Secrets SecretThinking about selling your business? Perhaps you have entered into informal discussions with a possible buyer. The buyer is looking for some more detailed information about your business in order to decide whether he wants to make you an Offer. Maybe he wants some past financial records or other confidential information in order to determine price. How do you give him this information, before the deal is even made? Using a Nondisclosure & Confidentiality Agreement can be helpful. It will outline the terms upon which you agree to provide certain confidential information, and it will set out how it can be used, to whom it can be disclosed and when it has to be returned. This can be a separate stand-alone agreement, or similar wording can be incorporated into a letter of intent, where the parties at least agree that it is their intention to buy and sell and they will be entering into negotiations in this regard. The agreement, no matter the form, will help to clarify the rights and obligations of the parties, and may assist with narrowing down some of the issues to be resolved before a definitive Agreement of Purchase and Sale can be drawn up. Being careful with your business secrets just makes good business sense.Joanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com1tag:blogger.com,1999:blog-5429025447726107633.post-32183470665323009972012-03-06T12:50:00.003-05:002012-03-06T12:55:47.999-05:00WSIB and Owners of CorporationsI recently had a corporate client that went through a WSIB audit. The corporation was incorporated a few years ago, by a husband and wife. When they incorporated, they made the wife the sole officer and director of the corporation. The company paid WSIB premiums on all of its employees, but did not pay premiums on the husband and wife. The WSIB auditor assessed the company for all past payments for the husband, on the basis that he was not listed in the minute book or on the public record, as an officer of the company. This seems to be the test. Even though the husband was certainly a directing mind of the company and making all decisions on an equal basis with his wife, and was also a fifty percent shareholder, he was still deemed to be an "employee" and the company was required to pay WSIB premiums on his behalf. Something to consider, if your business is subject to WSIB. The client is in the process of appealing the decision, so I will keep you posted!Joanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com0tag:blogger.com,1999:blog-5429025447726107633.post-4081594061027207162012-02-06T12:33:00.005-05:002012-02-06T12:39:44.849-05:00Georgian College's International Business Management Program can help your business!I was recently contacted by one of the profs in this program at Georgian. Each student in the program is required to produce a business plan to take a domestic product or service to an international market, other than the US. In the past, students have worked with local businesses who have given them access to information and time with staff to create real life scenarios. A couple of students have gone on to win a national award for their work and some students have been hired by their clients as interns to enhance or implement elements of the business plan afterwards.<br /><br />The ideal business is one that has a product currently sold in Canada. The size of the business does not matter as award winners have been a very small business and a medium sized business. <br /><br />For small businesses with unique products this is an excellent opportunity to look at the possibility of exporting the product to international markets and gaining some knowledge on the process. With the added bonus of supporting local education at Georgian! A win win situation!Joanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com0tag:blogger.com,1999:blog-5429025447726107633.post-86243641712556377012012-01-31T21:41:00.003-05:002012-01-31T21:50:34.459-05:00Reps & Warranties on a Share SaleToday I spent some time working my way through a share purchase agreement, largely amending it to narrow the representations and warranties that my client was being asked to give, on the sale of his shares to another shareholder of the same company. The buyer actually has a great deal of knowledge about the company, and is involved in its day-to-day operations. In this context, it is very important to examine what each of the parties has knowledge of, how much risk the purchaser will bear and how many assurances the vendor will give. This is often a major area of negotiation between the parties, as there is usually a time period, after the sale, during which a purchaser can sue a vendor for any representation or warranty that was false. If you are buying or selling shares in a company, this is an important area to review and on which to obtain legal advice. It just makes good business sense.Joanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com0tag:blogger.com,1999:blog-5429025447726107633.post-61187734211897779252011-10-31T15:21:00.002-04:002011-10-31T15:27:25.620-04:00Women in Business Awards 2011Last week I attended this event to congratulate several business women in Barrie. In particular I want to congratulate Patricia Lechten, who won Business Woman of the Year this year, and is a fellow member of a women's business group I am involved with! Very exciting indeed! Congratulations to Patricia and all of the nominees!Joanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com0tag:blogger.com,1999:blog-5429025447726107633.post-51535175133475766222011-09-27T22:52:00.002-04:002011-09-27T23:03:41.163-04:00Do You Have a Built In Buyer for Your Business?I have coincidentally fielded three phone calls from clients in the past week, discussing the possibilities around selling their business to an existing employee. This can be a really good idea, provided the employee is prepared to pay fair market value for the business, and you are prepared to, perhaps, take payment over time. Often, a structured buy in can be negotiated, where the employee purchases a percentage of your shares of your business each year, slowly taking over the business. Of course, there are many issues to be considered. Even minority shareholders have rights, so you will want to be sure you have a shareholders agreement in place which sets out the rights and obligations of the shareholders, and clarifies roles. You will also have to consider how you might get the shares back if the employee, for instance, buys 10 percent of your business and then leaves or is terminated. But the employee likely knows your business and may make the perfect buyer if you can negotiate mutually agreeable terms. It's worth a look inward to see if the buyer of your business may actually be sitting in the office next door. Thinking ahead and planning your exit strategy makes good business sense.Joanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com3tag:blogger.com,1999:blog-5429025447726107633.post-11839486531481624482011-08-12T16:01:00.004-04:002011-08-12T16:50:41.899-04:00Separate Corporate Properties WillsIf you own shares in a small business corporation, you may wish to consider the merits of a separate Will to deal with those shares apart from your other assets. Rarely do private corporations require a "probated Will" when a shareholder dies because the other shareholders and directors are usually family members or close colleagues who are well aware of the parties involved. This is different from institutions like banks that have very rigid policies around releasing money and other assets of a deceased individual. They require a "probated Will" or, in Ontario, a Certificate of Appointment of Estate Trustee with a Will. When a Will is submitted for probate, there is a court fee or probate fee which applies. The fee is calculated based upon the value of all of the assets that flow through the Will. So if your privately held corporation has value, that value could flow though a separate Will and would not be subject to the probate fees, saving your Estate money. Certainly something to consider and canvass with your lawyer.Joanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com0tag:blogger.com,1999:blog-5429025447726107633.post-16570293738894999872011-07-06T19:37:00.002-04:002011-07-06T19:44:01.032-04:00NonProfits & Audit RequirementsThanks to Karen Reynar, an associate in our Business Law Department, for this article! If you sit on a Board for a non-profit corporation or are otherwise involved with one, this article should be of interest. In the past, most non-profits have been required legally to have their fnancial statements audited. The exemptions from this were quite limited. This often comes as a surprise to directors and officers of these companies. For more information, contact Karen at kreynar@burgarrowe.com <br /><br /><br />Audit Requirements under the new Not-for-Profit Corporations Act(Ontario)<br /><br />The Corporations Act (Ontario) which currently governs the Ontario not-for-profit sector exempts not-for-profit corporations that (i) are not public corporations, (ii) have annual income of less than $100,000, and (iii) have the consent of all of their member in writing, from the Act’s requirements with respect to the appointment and duties of an auditor. <br /><br />As you may know, the Ontario government recently passed the Not-for-Profit Corporations Act, 2010 (the “ONCA”) in an effort to modernize the legislation governing the not-for-profit sector. The ONCA received Royal Assent on October 25, 2010, but will not come into force until a date to be named, which is expected to be in the fall of 2012. <br /><br />As with the current Corporations Act (Ontario), the default rule applicable to every corporation under the ONCA is that it must appoint an independent auditor to audit its annual financial statements. However, as with the current act, the ONCA sets out some exceptions to the default rule. The exceptions under the ONCA, however, are different depending on whether or not the corporation is (a) a Charitable Public Benefit Corporation or a Non-Charitable Public Benefit Corporation (collectively referred to as “Public Benefit Corporations”); or (b) a Non-Public Benefit Corporation. (Please see the blog post entitled “Modernization of the Not-for-Profit Sector – Are you Ready?” for a discussion on the introduction of these categories, and what each of them means.) <br /><br />Public-Benefit Corporations: Members of a Public-Benefit Corporation may pass an extraordinary resolution (i.e. a resolution passed by 80% of members at a special meeting) to (i) have a review engagement rather than an audit if the corporation's annual revenue in that financial year was more than $100,000 or such other prescribed amount and less than $500,000 or any other prescribed amount; or (ii) waive both the audit and the review engagement in respect of the corporation’s financial year if the corporation had annual revenue in that financial year of $100,000 or less or any other prescribed amount.<br /> <br />Non-Public Benefit Corporations: Members of non-Public Benefit Corporations may pass an extraordinary resolution (i.e. a resolution passed by 80% of members at a special meeting) to (i) have a review engagement rather than an audit if the corporation had annual revenue in that financial year of more than $500,000 or such other prescribed amount; or (ii) waive both the audit and the review engagement if the corporation's revenue for the annual year was $500,000 or less or any other prescribed amount.<br /><br />In anticipation of the ONCA being proclaimed into force, it makes good business sense to become familiar with the level of financial review that may be applicable to your not-for-profit.Joanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com0tag:blogger.com,1999:blog-5429025447726107633.post-70904945817247800662011-07-04T08:49:00.003-04:002011-07-04T08:54:14.863-04:00Modernization of the Not for Profit Sector – Are you Ready?Thanks to Karen Reynar, a Corporate/Commercial Associate in our offices, for this guest blog! If you need more information with respect to your nonprofit, contact Karen at kreynar@burgarrowe.com <br /><br />As you may know, the Ontario government recently passed the Not-for-Profit Corporations Act, 2010 (the “ONCA”) in an effort to modernize the legislation governing the not-for-profit sector in Ontario. The ONCA received Royal Assent on October 25, 2010, but will not come into force until a date to be named, which is expected to be in the fall of 2012. <br />On the day the ONCA is proclaimed into force two things will happen (i) the ONCA will apply to all not-for-profit corporations previously governed by the Corporations Act (Ontario), and (ii) the application of the Corporations Act (Ontario) to those corporations will be repealed. <br />In order to understand how the ONCA will apply to your not-for-profit, you must first understand that the ONCA divides not-for-profit corporations into (a) public benefit corporations and (b) non-public benefit corporations. <br /><br />The first category of public benefit corporations is further broken down into (i) charitable public benefit corporations (a corporation incorporated for the relief of poverty, the advancement of education, the advancement of religion, or other charitable purpose), and (ii) non-charitable public benefit corporations (corporations that receive more than $10,000 in a financial year from the government or the public). Any corporation that is not a charitable public benefit corporation or a non-charitable public benefit corporation is a non-public benefit corporation. <br /><br />It is important to determine whether your not-for-profit is a (a) charitable public benefit corporation, (b) a non-charitable public benefit corporation, or (c) a non-public benefit corporation because the ONCA treats each category differently, in particular with respect to audit and governance requirements. <br /><br />Some other notable changes under the ONCA include those set out below, many of which have been introduced to mirror the Business Corporations Act (Ontario) which applies to for-profit business corporations in Ontario:<br /><br />1. Incorporation will be done by Articles of Incorporation rather than Letters Patent, and the Articles of Incorporation may be filed electronically.<br />2. Not-for-profit corporations will enjoy all of the rights, powers and privileges of a natural person, subject only to voluntary restrictions in the articles. *Note: Charitable corporations will need to include restrictions in their articles if they wish to maintain status as a registered charity with the Canada Revenue Agency. <br />3. The ONCA introduces default by-laws that will be deemed to have been adopted if the board does not adopt standard organizational by-laws within 60 days of the date of incorporation.<br />4. The ONCA requires that any disciplinary action or termination of membership be done in good faith in a fair and reasonable manner. A procedure is fair and reasonable if the member is given 15 days notice and the right to be heard by someone able to revoke the termination or disciplinary action at least five days before it becomes effective.<br />It is worth noting that although the ONCA will immediately apply to not-for-profit corporations in Ontario once it is proclaimed into force, not-for-profits have three years to make the necessary amendments to their governing documents to bring them into compliance with the ONCA. After three years, any not-for-profit that has not yet updated their governing documents will be “deemed” into compliance. That said, in order to ensure a smooth transition and compliance with the new legislation, it makes good business sense to become familiar with the new statute now.Joanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com0tag:blogger.com,1999:blog-5429025447726107633.post-11632056027796059052011-04-05T13:10:00.003-04:002011-04-05T13:20:27.116-04:00Corporate Property Wills = Good BusinessFirst of all, do you have a Will? If not, you should! But if you own a private corporation, you should consider having two. In Ontario, you are allowed to have a separate corporate properties Will, which deals exclusively with the shares you own in your company and/or loans owing from your company to you. This can result in a substantial savings on death. Your regular Will is probably going to have to be submitted for probate (which means the government values your property and charges you $15.00 for every $1,000 of assets which flow through that Will). You don't usually need probate to deal with private company shares, so the idea is to have a separate corporate Will, so that the value of your company-related assets do not get factored into the calculation of your total assets during the probate process. The saving is 1.5% of the value in the corporation at the time of death. For those of you who have accumulated value in your companies, this is an excellent and fairly straight-forward strategy to keep more of your hard-earned money in the hands of your beneficiaries. Planning ahead, even for death, makes good business sense.Joanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com1tag:blogger.com,1999:blog-5429025447726107633.post-33209621961141948022011-02-22T17:53:00.002-05:002011-02-22T18:15:24.943-05:00Accessibility Laws in OntarioOn June 13, 2005, the Ontario government passed the Accessibility for Ontarians with Disabilities Act, 2005. The act makes Ontario the first jurisdiction in Canada to develop, implement and enforce mandatory accessibility standards, and<br />applies to both the private and public sectors. <br /><br />Several "prongs" to the legislation are in the works, planned to be implemented over the next few years, however the first phase, dealing with customer services standards is now in place and all businesses with at least one employee must have certain policies and procedures in place by January 1, 2012. The law requires you to:<br /><br />(1) develop policies and procedures for serving customers/clients with disabilities. These policies must be consistent with the principles of independence, dignity, integration and equality of opportunity;<br />(2) have a policy on allowing people to use their own assistive devices to access your goods and services;<br />(3) communicate with a person with a disability in a manner that takes into account his or her disability;<br />(4) allow people with disabilities to be accompanied by their guide dog or service animal in areas of your business that are open to the public;<br />(5) permit people with disabilities who rely on a support person to bring that person with them while accessing your goods or services;<br />(6) where admission fees are charged, post information about what your policy is regarding what fee, if any, would be charged for a support person of a person with a disability;<br />(7) if you offer facilities or services for people with disabilities (such as an elevator or accessible washroom), let people know when they are out of order;<br />(8) train your staff, volunteers and contractors to serve customers with disabilities; and<br />(9) let customers with disabilities provide feedback on how you met their needs and establish a process to respond and take action on any complaints.<br /><br />If you employ more than 20 employees, you will have the following additional requirements:<br />(10) complete an online report on your compliance by the reporting deadline;<br />(11) document in writing all of your policies and procedures on how you provide accessible customer service;<br />(12) notify customers that all of the documents required by the standard are available upon request; and<br />(13) when providing documents required under the standard, make sure the information is in a format that takes into account the person’s disability.<br /><br />Additional information, bulletins, sample policies and videos are available on the Ministry web site at http://bit.ly/gKyIJC<br /><br />About one in seven Ontarians are currently considered disabled and, with the aging population, that number will soon be more like one in five. Complying with the law, and serving this large segment of society, makes good business sense.Joanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com0tag:blogger.com,1999:blog-5429025447726107633.post-44745278384576280532011-01-12T22:46:00.004-05:002012-02-06T12:39:08.123-05:00Condominiums and Status CertificatesIf you are considering purchasing a condominium, you will no doubt have heard about status certificates. These are documents which are provided by the condominium corporation you are buying into, which outline a number of things about the condo and the building. Ontario law dictates fairly strictly what needs to be included in the package of information that accompanies the certificate. The purpose of this is to allow you and your lawyer some time to have a look at the operations of the condo corp, the financials, the specific condo unit and any issues pertaining to unpaid condo fees, damages, etc. It will also disclose whether the unit you are thinking about buying has a locker or parking space and it will disclose how the condo fees are arrived at for your unit. <br /><br />There is a lot to a package like this. Most real estate lawyers will review this package for specific issues which might impact your decision on whether to purchase. This is typically part of the work that a lawyer does on a condominium purchase file. But it also makes sense to have a look yourself, especially at the summary of information that is contained in the first few pages. Working together with your lawyer and real estate agent, you want to do everything you can to ensure that you are getting what you think you are getting. The status certificate is an important tool in the arsenal of your real estate team.<br /><br />Thanks to Stephanie Adams for suggesting this topic!Joanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com0tag:blogger.com,1999:blog-5429025447726107633.post-65270802021512979812011-01-12T22:36:00.002-05:002011-01-12T22:41:56.667-05:00Mortgages and Fire InsuranceJust had to tell a client today that I could not help them close a mortgage on a farm property because, unfortunately, the house and other building on the farm were not insurable. Old knob and tube wiring means it's pretty tough if not impossible to get fire insurance. And no fire insurance means no mortgage. The owner of the farm was quite upset. I had to explain that fire insurance is required because it protects the interests of the lender in the property. If a fire was to destroy the building, and no insurance was available to rebuild, the property value would decrease significantly and, in the event of a default, the lender may not be able to recoup its investment when it sells the property under power of sale or foreclosure. So electrical work should be the first order of business for owners of older homes, both for safety and for financing.Joanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com4tag:blogger.com,1999:blog-5429025447726107633.post-37092898603350044552010-11-08T15:50:00.001-05:002010-11-08T15:51:11.693-05:00What Does Your Lawyer do on a Real Estate Purchase?So what does the lawyer do anyway? Well, here's a brief list of a few things your lawyer's office is working on behind the scenes, to make your deal close smoothly! First, we sometimes get contacted by your agent to assist in drafting the Offer, if there are aspects of the deal which are out of the ordinary course. We also often get asked to review the Offer as a condition of firming up the deal. Once the Agreement is firm, we start working toward closing. We order a search of title and a tax certificate to ensure that what you think you are getting you are actually getting. We work with the Vendor's lawyer to deal with any title issues. We receive instructions with respect to your mortgage and we draft the documents for both the purchase and the mortgage. We review the Vendor's documents and comment on any issues needing correction. We meet with you to sign all of the purchase and mortgage documents, review your title and answer any questions you may have about the process. Throughout the process, if you have questions or concerns, your lawyer is there to help and is only a phone call away. Your lawyer, agent and mortgage broker should work as team to get your closing done. Once the deal has closed, we put together a package for you with our reporting letter, a copy of all of the documents including your Deed and Mortgage, and a statement of account which includes a trust statement showing all funds going into and out of our account on your behalf. The most pleasant thing that we do, however, is hand you the keys to your new home and wish you well! As always, if you have any questions, feel free to email me at jmcphail@burgarrowe.comJoanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com5tag:blogger.com,1999:blog-5429025447726107633.post-73294133683189255492010-10-31T20:56:00.005-04:002010-10-31T21:08:25.027-04:00What's Your Exit Strategy?I had a meeting recently with a long-time business owner and franchisee. I was reviewing a new franchise agreement that he was being asked to sign for several franchised locations. The agreement was for five years, no right of renewal. This gentleman was not concerned with the lack of renewal rights at first, since he figured he would be retired by then. But when we started to talk a bit more about the value of the business that he had built over 25 years, it was evident that he had not considered a sale of the business as part of his exit strategy. In fact, he just thought that in five years, he would walk away. The business had been good to him, allowing him to earn a living for many years. After discussing a possible sale, he realized that there could indeed be someone out there who might be willing to pay for an assignment of his franchise rights. Once this realization hit him, he understood the value of a right to renew in his franchise agreement (and his leases). It's interesting to me that some business people don't think of their businesses in terms of saleable. They are a way to earn a living, but can also be a substantial asset that someone else will pay good money for. Even though a business is franchised, and sometimes there are restrictions on sale, it's worth having a look at and determining what the exit strategy may be. Once you know approximately when and how you wish to exit the business, it allows you to have a look at opportunities you may not have thought of before. And the strategies for getting there - like ensuring you negotiate for a right to renew an agreement. What's your exit strategy? Knowing the answer to that question makes good business sense.Joanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com0tag:blogger.com,1999:blog-5429025447726107633.post-3813516453727207382010-09-13T18:14:00.003-04:002010-09-13T18:23:26.213-04:00The Family BusinessI have had a few years of experience under my belt, dealing with all sorts of businesses, and I would say that one of the most challenging is often the family run business. You know, the company that grampa started, and now has been passed down to dad, who has his two kids also working in the business? The difficulty with this sort of business, is that it has this extra layer or nuance, easily recognizable at the dinner table during the holidays. Sometimes, mixing family and business can work, and sometimes it creates so many undercurrents in everyones' lives and creates so much stress, that it never really becomes what it could be. If you are involved in a family run business, I would highly recommend a book by Tom Deans called "Every Family's Business". It is an interesting and eye-opening read. CAFE (The Canadian Association of Family Enterprise) is lucky enough to have him coming back to Barrie to talk about family businesses and succession planning. Burgar Rowe is proud to be one of the sponsors of this event, being held at the Barrie Country Club on October <br />18th from 7 - 9pm. If you are interested in attending, call Joan at (705)726-6331.Joanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com0tag:blogger.com,1999:blog-5429025447726107633.post-9312826452096424402010-08-05T19:00:00.002-04:002010-08-05T19:05:02.999-04:00Health Practitioners Treating Spouses Beware!A recent Ontario Court of Appeal case should be noted by all health professionals as a potential cause for concern. Leering v. College of Chiropractors of Ontario <br />[2010] O.J. No. 406 seems to indicate that a health professional treating their spouse, as a patient, is automatically in violation of section 51(1)(b.1) of the Health Professions Procedural Code! While there must be a patient/health professional relationship established, as opposed to mere “episodic” care (ie) a doctor and her husband are in an accident and she gives him emergency treatment, this along with a sexual relationship is all that is needed in order to be in violation of the Code. If you are a dentist and you see your spouse in your office every 6 months for a checkup, she is likely a “patient”. If your spouse later complains to the RCDS, you could have the same trouble as Leering.<br /><br />Osgoode Hall Law School’s website “The Court” has a good article on this case and a few other related cases, for those of you who may be interested in more information at http://bit.ly/bfhTob Sometimes legislation gets written, usually with the best of intentions, but the language is poor and so the courts are then faced with having to follow that language, even when the result seems a bit extreme. Hopefully the various lobbying bodies for the professions will jump on this and attempt to have the legislation amended so that the mere fact that someone treats their spouse is not, in and of itself, “sexual abuse” and professional misconduct. Certainly we all want to ensure that patients are protected from abuses of power by medical professionals. But speaking as the spouse of a dentist, I see absolutely no reason why I should not have the best dentist I know treat me, just because I happen to also be married to the guy!Joanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com0tag:blogger.com,1999:blog-5429025447726107633.post-73363599415543773632010-06-13T12:36:00.006-04:002010-06-13T12:58:16.124-04:00Bill 168: Tips on How to ComplyI have been starting to field calls from clients regarding complying with Bill 168 and the new amendments to the Occupational Health and Safety Act (Ontario). There are numerous resources out there to assist employers with complying. The Ministry of Labour has a great booklet with sample policies and information on duties of employers and how to comply at http://www.labour.gov.on.ca/english/hs/pdf/wvps_toolbox.pdf. There are consulting companies that offer staff and management training and education programs and they will also assist in policy development. Employers can also check with their local Chamber of Commerce. Many Chambers are offering seminars for their members. You can take one of several online courses at http://www.iapa.ca/Catalog/ProductDetails.aspx?id=593 if you prefer web based education in the comfort of your office. Basically, there are numerous opportunities for learning about these new requirements and making sure your business complies. Staying on top of legislative changes that effect your workplace just makes good business sense.Joanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com0tag:blogger.com,1999:blog-5429025447726107633.post-41349108736996660132010-05-06T14:28:00.005-04:002010-05-06T14:42:41.211-04:00Bill 168 - New Legislation on Workplace Safety - Will Your Business Comply?If your business has employees you need to be aware of Bill 168, which comes into effect on June 15, 2010. It sets out a number of amendments to the Occupational Health and Safety Act (Ontario). These amendments require employers to develop and maintain policies that address workplace harassment, violence and threats of violence in the workplace. And the policies must be reviewed at least annually. <br /><br />Workplace Harassment is defined as "engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome." Workplace harassment may include bullying, intimidating or offensive jokes or innuendos, displaying or circulating offensive pictures or materials, or offensive or intimidating phone calls.<br /><br />Workplace Violence means:<br />(a) The exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker;<br />(b) An attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker; or<br />(c) A statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker. <br /><br />In workplaces of more than five employees, the policies are to be written and posted in a conspicuous place in the workplace. There have to be mechanisms for reporting violence, investigating complaints and controlling risks. <br /><br />In anticipation of this new legislation, employers should be reviewing their current policies, assessing risks, security protocols and procedures and implementing training for staff.<br /><br />For more information, check out the Ministry of Labour Website at http://www.labour.gov.on.ca/english/hs/sawo/pubs/fs_workplaceviolence.phpJoanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com0tag:blogger.com,1999:blog-5429025447726107633.post-68812806452084855572010-03-26T12:47:00.001-04:002010-03-26T12:47:00.138-04:00HST and Resale Real Estate<div>Many potential home buyers and sellers have been worried about the implications of the HST which kicks in as of July 1, 2010. In fact, no HST will be applicable on the purchase price of a resale home. Some ancillary services, however, will be subject to the new tax. Sellers will have to pay 13% HST on real estate commissions and legal fees associated with selling. Buyers will pay 13% HST on their lawyer's fees and things like house appraisals or status certificates on a condo. But the bulk of the expense - the purchase price, is not taxable. The implications, therefore, for home buyers of resale homes, are not huge. Certainly no reason to panic or rush a decision to purchase your home.</div>Joanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com1tag:blogger.com,1999:blog-5429025447726107633.post-78323033743502184482010-03-25T12:23:00.003-04:002010-03-25T12:28:41.482-04:00When a Non-profit closes its doorsI just had a question from an accountant friend of mine who asked me the following: a nonprofit client is shutting down its operations and it has a suplus. Where does the surplus go? The answer is "it depends". If the non-profit is a registered charity - the surplus should go to another registered charity. The articles or by-laws of a corporate charity may indicate what sort of charity (usually similar in nature) the proceeds will be disbursed to. If the organization is a nonprofit but not a charity, the proceeds can be disbersed to its members, unless its articles or by-laws stipulate otherwise. Of course this is just Ontario law, folks! Every jurisdiction has different rules.Joanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com0tag:blogger.com,1999:blog-5429025447726107633.post-89726194610231226952010-03-17T23:40:00.000-04:002010-03-17T23:42:00.172-04:00Barrie Senior AwardsDo you know an exceptional senior in Barrie? Nominate them for an award for their community service at http://bit.ly/cqa2JIJoanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com0tag:blogger.com,1999:blog-5429025447726107633.post-12797422263993452202010-03-04T11:41:00.002-05:002010-03-04T11:47:57.740-05:00Can't Pay the Rent?In these economic times I have, unfortunately, had a few clients who have been struggling to continue to make their monthly lease payments on their commercial or industrial space. When they call, I usually give them this advice: let's call the landlord. The most practical piece of advice a lawyer can give in these situations, in my opinion, is to keep the lines of communication open. Sure the landlord wants to get paid, but he may also be willing to negotiate with you, over the short term, in order to keep you as a long term tenant. Often, the last thing he wants is to have to look for a new tenant. Of course, every situation is different, and yes, sometimes landlords are just waiting for the opportunity to distrain a tenant's goods and lock them out, but if your business has always paid its rent on time, and you are simply in need of a little flexibility to get you over a short-term hurdle, a phone call to the landlord can't hurt. We have had some success in negotiating alternative rental arrangements to get clients through hurdles. Letting the landlord know that you want to pay the rent, and asking him for a plan to make that happen, can be an up-front and straight-forward approach, and an excellent alternative to simply ignoring his calls and not paying your rent on time.Joanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com0tag:blogger.com,1999:blog-5429025447726107633.post-1371794530427702302010-02-10T15:34:00.002-05:002010-02-10T15:39:34.284-05:00Small Claims Court Limit IncreaseEffective January 1, 2010, the limit for claims in Ontario small claims courts has increased from $10,000 to $25,000. With the process being relatively user friendly, and not requiring a lawyer, I would imagine the number of claims will increase significantly, providing access to justice for people who may have otherwise declined to pursue a claim due to legal costs. For businesses, this means larger accounts receivable, for instance, can be collected through this process, with few upfront legal expenses. Good news for the small business community.Joanne McPhailhttp://www.blogger.com/profile/14395549593445585625noreply@blogger.com0