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July 2017 Archives

Proposed real estate law changes may stop double ending

In Ontario, it is not uncommon to find that the same real estate agent represent both the buyer as well as the owner of a property. This is called double ending and requires both the buyer and seller to agree to work with one real estate agent. However, the government has recently proposed several changes to its housing laws, one of which is to prohibit double ending.

Tim Hortons faces franchise law disputes since cross-border sale

The coffee chain Tim Hortons is often advertised as a symbol of Canadian culture but has faced backlash from franchisees since its sale to Restaurant Brands International Inc. RBI, an American company with a Brazil-based majority owner, took over Tim Hortons in 2014. Franchisees claim that RBI implemented dramatic changes which negatively affected their operations, and many are pointing to franchise law and class-action suits to settle these grievances.

The Objective Approach to Rescission in Franchise Disclosure Cases - Mendoza v Active Tire & Auto Centre Inc.

Purchasing a franchise is a major business decision. The Arthur Wishart Act (Franchise Disclosure) ("the AWA") recognizes this fact and seeks to assist prospective franchisees by imposing strict financial and other disclosure requirements on franchisors. The legislation is aimed at ensuring that franchisees have sufficient information to decide whether or not they wish to enter into a franchise purchase transaction. If a franchisor fails to abide by the disclosure requirements contained in the AWA, then the franchisee may elect to "rescind" the franchise agreement altogether. Depending on the circumstances, the franchisee may also be entitled to damages.

How does deemed disposition tax apply to estates in Ontario?

In Ontario and the rest of Canada, many people believe that there is no estate tax to be paid upon their death. The truth is that there is a tax with a different name applicable to the estates of Canadians. The deemed disposition tax is similar to estate tax, and it applies to gains on a person's assets which are triggered after his or her death.

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