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Published on: 1 Oct 2020 By

Dazed and Confused: Five more contractual considerations for uncertain times

In part one of this article, I discussed five considerations for negotiating and drafting contracts during this period of continuing commercial uncertainty resulting from the COVID-19 pandemic. Below are five additional considerations for negotiating, drafting and executing contracts during …

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Published on: 24 Sep 2020 By

Dazed and Confused: Five contractual considerations for uncertain times

The year 2020 will not soon be forgotten. Despite the devastation of the COVID-19 pandemic, it has also provided a catalyst for substantial innovation and positive disruption to business models and commercial practices. During this time of business adaptation to respond to the unique challen…

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Published on: 14 Sep 2020 By ,

Support for Businesses during COVID-19: CEBA application deadline extended

Despite being able to resume operations following the lifting of certain governmental restrictions related to COVID-19, many business owners continue to experience unprecedented financial challenges. After months of decreased revenue – or possibly even periods without any revenue – business …

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Published on: 21 Aug 2020 By ,

Intellectual Property Considerations for Professionals: Who owns educational or promotional content (like this article)?

Copyright in Content Many businesses, including medical clinics and dental offices, are re-opening after being forced to shut down by public health authorities during the COVID-19 pandemic. During the shut down, many professionals and small business owners published various articles, blog po…

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Published on: 17 Aug 2020 By

Filing deadlines extended for patents, trademarks and industrial designs in response to COVID-19 – Update: Final extension

Note: This post has been updated to reflect additional notices issued by CIPO, mostly recently on August 5, 2020, each which further extended the previously announced extension. As Canada responds to the COVID-19 pandemic, the Canadian Intellectual Property Office (CIPO) has taken the drasti…

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Published on: 21 Jul 2020 By

Canadian direct sales and multi-level marketing: Financial representation and disclosure

According to the Section 55 of the Competition Act, if operators of a multi-level marketing (“MLM”) plan wish to make financial representations to a prospective participant, fair, reasonable, and timely financial disclosure must also be disclosed. At its core, this requirement ensures a pros…

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Published on: 14 Jul 2020 By ,

Business Essentials – Episode 7: How intellectual property law affects your business

In Siskinds’ Business Essentials, a limited-run podcast series, Chris Sinal of Siskinds’ Labour & Employment group sits down with some of the firm’s business lawyers to discuss current issues and challenges facing our clients as they adapt to the new business environment resulting from …

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Published on: 8 Jul 2020 By

Update: Realtors, treat yourselves fairly

In our previous blog post titled “Realtors, treat yourselves fairly”, we discussed Bill 145, Trust in Real Estate Services Act, 2019, which would provide realtors with the ability to incorporate a professional real estate corporation. Bill 145 received Royal Assent and has been made into law…

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Published on: 7 Jul 2020 By

Is it time to update the financial statements in your franchise disclosure document?

Financial Statement Requirements for Disclosure Documents Franchise legislation in Canada (currently in the provinces of BC, Alberta, Manitoba, Ontario, New Brunswick and PEI) contains a requirement that franchisors include financial statements for their most recently completed fiscal year. …

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Published on: 30 Jun 2020 By

Direct Sales in Canada: Understanding Not For Resale Myths

The Not For Resale (“NFR”) distribution entry model to the Canadian market is acutely misunderstood. This discussion will outline the top 3 NFR “myths”, and explore potential legal risks multi-level marketing (“MLM”) businesses face.  NFR is a Canadian Importation Rule Not For Re…

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