In the 2020 decision of Lyft Canada Inc. v United Food and Commercial Workers International Union, Local 1518, 2020 BCLRB 35 (“Lyft Canada Inc.”), the Labour Relations Board of British Columbia dismissed an application brought by a trade Union acting on behalf of certain Uber and Lyft drivers (the “Application”). The Union’s Application had twoContinue reading “Case Law in Review: BC Labour Board Allows Uber and Lyft to Label Drivers as Independent Contractors”
Thinking of Incorporating a Society? 5 Points to Consider First
Thinking of Incorporating a Society? 5 Points to Consider First. Firstly, what is a “society”? In British Columbia, this is a not-for-profit entity formed and governed by our Societies Act – also sometimes called “foundations” or “nonprofits”, but for the purpose of the Societies Act and this blog, we will be referring to them asContinue reading “Thinking of Incorporating a Society? 5 Points to Consider First”
Transfer of assets and undertaking of a corporation to its sole shareholder on a going concern basis: Issues for consideration
Download as PDF Transfer of assets When tax or other considerations dictate that the operations of a company be merged, on a going concern basis, with those of its shareholder, there are myriad considerations. While not quite as complex as the divestiture of a business to a third-party purchaser, many of the same considerations willContinue reading “Transfer of assets and undertaking of a corporation to its sole shareholder on a going concern basis: Issues for consideration”
When Shareholders are Forced Out of the Family Business
Minority Shareholders in a Family Business Many successful small to medium sized corporations begin as closely-held family businesses. For example, a parent starts a business and then brings in their children. Or a group of relatives starts a business and then brings in the next generation. Family-owned companies are often formally incorporated with each familyContinue reading “When Shareholders are Forced Out of the Family Business”
Why fraud increases during an economic recession
In hard times, fraud litigators tend to receive an increase in calls from clients who believe they are the victim of fraud. Ten years ago, during the 2008 – 2009 economic recession, the Association of Certified Fraud Examiners (“ACFE”) released a study of the impact of an economic recession concluding that the financial pressures ofContinue reading “Why fraud increases during an economic recession”
Temporary Layoff: A Comparative Review of the Law across British Columbia, Alberta, and Ontario
Print version available here . I. INTRODUCTION In a fluctuating economy, an employer may search for ways to cut costs, if it is to survive. One consideration the employer may make is to temporarily layoff some of its employees during the slow period. Layoff, generally speaking, is a practice that temporarily suspends –not terminates– theContinue reading “Temporary Layoff: A Comparative Review of the Law across British Columbia, Alberta, and Ontario”
Selecting Directors of a Company
In a previous article, we considered some of the situations in which a closely-held company might wish to expand its board. This article will go on to consider how to identify possible board members. What are some things you should consider when selecting candidates for a company board? Selecting board candidates is aContinue reading “Selecting Directors of a Company”
Is it Time to Expand Your Company’s Board of Directors?
Many companies start their lives as closely-held entities with few shareholders and only one director, who is often the company’s founder and/or principal shareholder. However, as your company grows you may find that you feel uncomfortable being the sole decision-maker, or that others are asking you to add more directors. Of course, if your companyContinue reading “Is it Time to Expand Your Company’s Board of Directors?”
Opening the Door for Intrusion upon Seclusion: The Common Law Tort of Invasion of Privacy and what it means for Employers
INTRODUCTION In today’s workplace, privacy is an evolving issue and Canadian privacy law is developing rapidly. Perhaps surprisingly, only a handful of Canadian jurisdictions, (including British Columbia, Saskatchewan, Manitoba and Newfoundland) have privacy legislation that creates a statutory tort or civil right of action for invasion of privacy. Until recently, most Canadian jurisdictions couldContinue reading “Opening the Door for Intrusion upon Seclusion: The Common Law Tort of Invasion of Privacy and what it means for Employers”
Supreme Court in securities case expands scope of consumer class actions
The Supreme Court of Canada has opened the door more widely to consumer class actions in a case which follows an Ontario Securities Commission settlement: AIC Limited v. Fischer, 2013 SCC 69. The decision will be equally applicable to class action certification motions in British Columbia. One of the fundamental requirements to certification of a class action isContinue reading “Supreme Court in securities case expands scope of consumer class actions”