Ryan Howe

Discretionary powers and the duty of good faith

A fundamental principle of contract law in Canada is that the parties to a contract are usually free to negotiate and agree upon any terms which will advance their respective (and sometimes mutual) interests. That being said, there are certain …

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Franchising focus: Implied termination rights

A 2014 decision from the Ontario Superior Court of Justice, France v. Kumon, 2014 ONSC 5890 (“Kumon”), presents an interesting precedent for the proposition that any franchise agreement may be terminable on reasonable notice where the franchise agreement does not …

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Bill 38 – 2015: Franchises Act

On Tuesday, October 20th, BC Bill 38, Franchises Act (the “Act”), was read a third time and passed. On Tuesday, November 17th, Bill 38 was given Royal Assent. This means that British Columbia will become the …

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Left out in the cold: Estate freezes and shareholder oppression

Estate freezes are a common tool in the estate and tax planner’s toolkit. Their purpose, in essence, is to transfer corporately held wealth that has been accrued during one generation’s lifetime to another generation in a manner which is usually …

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Proxies, private companies and The BC Business Corporations Act

Proxies are a mechanism for a shareholder to grant to another person the ability to attend and vote on their behalf at shareholders’ meetings of a corporation. The business corporations statutes of Canada and most provinces, contain a regulatory framework …

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Update: Changes to the Canadian Registry of Vessels

Major changes are occurring at the Canadian Registry of Vessels (“CRV”). In an attempt to reduce the deficit through budget cuts, the Federal Government is consolidating the CRV into one office in Ottawa.

This means that the Port of Vancouver …

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Understanding Title Searches: Undersurface Rights

During the due diligence period, legal counsel will usually be asked to provide their opinion on title to a property. This requires diligent review of the various legal notations, charges and encumbrances displayed on a title search from the Land …

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