Corporate & Commercial, Small Business, Corporate Services
Momentum Team
Incorporation: Federal or Ontario? Updated ...

Some significant changes to Ontario corporate law and the launch of the new Ontario Business Registry has led the Momentum team to update our advice. Deciding between incorporation at the Federal level or the Provincial level is a key decision in the incorporation process. Updated considerations …

Incorporation: Federal or Ontario? Updated Advice
Megan Cornell
Legal Basics of Personal Real Estate ...

As of October 1, 2020, real estate agents in Ontario are able to form personal real estate corporations (PRECs). This allows agents the flexibility which many other professions have, to operate as corporations instead of sole proprietors. Although PRECs are now available, they are not required.

This can allow significant tax planning advantages for real estate salespeople or brokers. The sole purpose of the PREC is to receive compensation from a brokerage which is earned by a registered broker or salesperson. The PREC does not directly provide the services of a salesperson or broker.

Legal Basics of Personal Real Estate Corporations (PRECs)
Megan Cornell
Holiday Employment Rules

For many entrepreneurs the holidays are one of the most lucrative, but also stressful times of the year! More work for the business means that employees need to work more, at the same time that many employees as well as the business owner, are hoping to spend time with family!

During this time of year it is important to be mindful of Ontario employment rules and ensure that your business is not exposed to being offside of the Ontario Employment Standards Act. Here are some of the key points to keep in mind

Holiday Employment Rules
Megan Cornell
Canadian Trademark Changes - June 17, 2019: How ...

Trademark registrations are powerful tools for protecting brands, and now is the time to prioritize registering your trademarks in Canada. Canadian trademark law is undergoing a major shift on June 17, 2019, and among the changes are an increase in the fees for trademark registrations, but also new registration requirements that will make it easier to register marks in Canada. The period between now and June 17 is the sweet-spot where you can file a trademark application and get the best of both systems – lower fees and fewer registration requirements.

Canadian Trademark Changes - June 17, 2019: How to Protect Your Brand and Save Money
Cannabis, Corporate & Commercial, Employment (HR), Business Purchase, Small Business
Guest User
AGCO Retail Cannabis Regulations

With all the talk about retail cannabis in Ontario, a lot of small business owners are being left with more questions than when they started. For the folks who just want to know what it is going to take to get a store open, here is the article for you.

AGCO Retail Cannabis Regulations

Better Workplaces

Year End: Time To Update Employment Contracts

Year end is the perfect time to start planning to update the employment agreements you have with your existing employees. For a new contract with existing employees to be enforceable, adequate “consideration” must be provided to the employee, or alternatively, adequate notice of the change must be provided.  As budgets for the upcoming year get planned and bonus’ get allocated, the time is right to introduce a new, enforceable contract and take advantage of that planned “consideration”.

Although there are many reasons to consider implementing new and updated employment contracts with existing employees, a few of the most common concerns are:

  • The employee was provided with an “offer of employment” but never signed a comprehensive and enforceable employment contract

  • The employee has changed positions and a new contract was not entered into;

  • There is no termination clause in the employment agreement, or there is an inadequate or unenforceable clause to deal with what happens upon the termination of employment

  • The introduction of a substantial policy change: i.e. converting various time off policies to one, comprehensive Paid Time Off policy

Our Momentum team is available to discuss the implementation of new employment contracts for your employees.