Insights
From the team.
1158 articles on contract law, deals, policy and legal technology, including the full Clausehound and DealPrep blog archives.
Mineral rights may not come along with a land purchase transaction
When entering into an agreement, ensure that your understanding of the agreement is in line with the understanding that a reasonable person would have.
No contract without a meeting of the minds
A contract only exists with consensus ad idem, a common understanding between parties during the formation of the contract.
Issuing dates of employee stock option plans
To avoid confusion, stipulate the date the agreement is to take effect into the agreement. It should also be indicated that this is the date that will be used to determine the...
Reporting Requirements of Employee Stock Option Plans for Banks
If a bank has an automatic exercise of options program, they may be able to evade the insider reporting requirements (section 91 of the Securities Act) in respect to the sale of...
Stipulating classes of shares under Employee Stock Option Plans
In the company's articles, explicitly provide which class of shares is to be issued under the Employee Stock Option Plan (ESOP). Also, ensure that redemption rules for all classes of shares are...
Required consideration for an ESOP
When issuing an ESOP, ensure that the proper consideration (money, property, or past services) is received and recorded. Even if the ESOP is issued on the basis of a loan provision, consideration...
Mandatory ESOPs
Ensure employees have sufficient knowledge about a mandatory Employee Stock Option Plans (ESOP). If the ESOP becomes mandatory, ensure that employees are given sufficient notice and are well aware of this change....
Wood v. Enbridge Gas Distribution Inc., 2011 ONSC
This article discusses the details and important notes from the Wood v. Enbridge Gas Distribution Inc. case.
Integrating your privacy policy
When creating a privacy policy, ensure that all information is in one format and that the document is clear, accurate, and readily available. A complaint was filed against Bell Sympatico (Bell) about......
How to Document and Store Consents
This article discusses the importance of properly documenting and storing consent in case any claim or objection arises.
Canadian Articles of Incorporation – Part 4 of 4: What to consider when selecting Directors for my business?
Part 4 of 4 of Canadian Articles of Incorporation: The importance of strategically selecting the number and attributes of your business’ director(s).
CASL Enforcement
Related amendments to the Competition Act and PIPEDA are enforced by the Competition Bureau and the Office of the Privacy Commissioner of Canada (OPC) respectively. The Competition Bureau is an indepe...
CASL Penalties for Businesses and Consumers
CASL should not be taken lightly as, in addition to the broad application of the Act, there are considerable penalties for violations of its provisions. If you are a corporation, the CRTC...
Canadian Articles of Incorporation – Part 3 of 4: Selecting and Protecting Your Corporation’s Name
Part 3 of 4 of Canadian Articles of Incorporation: There are multiple considerations that an entrepreneur must take when selecting their business’ official name.
CASL - What are Commercial Electronic Messages?
CEMs, in the context of CASL, include any message sent by means of telecommunication, including text, sound, voice, and/or image message...
Canadian Articles of Incorporation – Part 2 of 4: Which Articles of Incorporation Should My Company Use?
Part 2 of 4 of Canadian Articles of Incorporation: The next factor to consider is what the entrepreneur wants to achieve through their articles of incorporation.
CASL - Can you email to addresses obtained through social networking sites, such as LinkedIn?
Sending a CEM to an email obtained through a social networking web page is permissible under CASL. An email displayed on a social networking site would be considered a conspicuous publication, and...
Canadian Articles of Incorporation – Part 1 of 4: Introduction to Incorporation
Part 1 of 4 of Canadian Articles of Incorporation: Incorporating a business can be one of the most important decisions any entrepreneur makes in establishing their business and it is usually one...
Composition of a Marketing Message to Comply with CASL
It is important to understand how to properly construct a CEM that complies with the regulations outlined within CASL. The construction of CEMs that violate any of the conditions in CASL has...
When the corporation is liable for an individual's actions
Although a corporation is a separate legal entity, a corporation can be held liable for the actions of its directors/officers in some circumstances. IMPLIED AUTHORIZATION TO BIND THE COMPANY. A co...
Trade expansion with the onset of the Canada - European Union Comprehensive Economic and Trade Agreement
On October 18, 2013 key elements of the Canada - European Union Comprehensive Economic and Trade Agreement (CETA) were agreed on by Canada and European Union representatives. The finalization of CETA...
Terms of use and enforcing production of documents
This article discusses Terms of Use and enforcing production of documents.
Modern privacy concerns
Privacy policies of popular websites have most captivated the media and the public’s attention. Google’s privacy policy has caused the most cont...
You may be liable for expenses when a contract is broken
When two or more parties enter into a contract, which is subsequently broken, the parties that were not responsible for breaking the contract may be entitled to damages resulting from the expenditures...