DeRusha Law Firm

What are the different ways by which a corporation can cease to exist in Ontario?

A corporation will cease to exist if it is voluntarily dissolved, if it is wound up, or if its certificate of incorporation is cancelled by the Director (appointed by the Minister of Consumer and Business Services). The main distinction between dissolution and winding-up is the identity of the person or persons who carry out the steps required to terminate a corporation’s existence. A dissolution is handled by the existing management of the corporation. A winding-up is manage

What does the term “franchise” mean in Business Law?

A franchise is an arrangement established by contract whereby one person, the franchisor, grants a right to another person, the franchisee, to use a distinguishing trade-mark or trade name in connection with the supply of goods and services by the franchisee. The arrangement requires the franchisee to conduct its business in accordance with prescribed operating methods and procedures developed and usually controlled by the franchisor. Generally, an up-front fee is payable by

What are the Privacy Law obligations that organizations in Ontario are required to comply with?

Organizations that deal with personal information in the course of their commercial activities must consider the application of the Personal Information Protection and Electronic Documents Act (PIPEDA). The term “commercial activity” is defined as “as any particular transaction, act or conduct or any regular course of conduct that is of a commercial character.” PIPEDA requires organizations to comply with a series of rules based on 10 principles i.e. (1) accountability, (2) i

My spouse is paying child support. What can I do to ensure that the support will continue to be paid

Section 34.4 of the Family Law Act says that if there is a court order about the support, this is binding on the estate, unless the court orders otherwise. However, the situation is often that there is no court order, but the payments are being made voluntarily. If they are being made voluntarily, by way of a written agreement, the agreement should speak to the ongoing support obligations being binding on the estate. Another way of having funds available is by way of life ins

My spouse pays child support for our child. Can I ask him to contribute towards the expenses incurre

One can ask the other person to contribute towards the child’s activities. However, whether you could force them to contribute or not depends on an interpretation of the law in this area. To force them, one would have to commence a court proceeding. In the court proceeding, the question would be asked as to whether these activities are “extraordinary.” In other words, are the additional expenses beyond what one would expect a family that has that total family income to pay. I

My spouse and I separated, and the children live with her. Should I pay child support to her for th

Child support is both a moral issue, and a legal issue. Someone has to pay for a child to have reasonable opportunities and to pay for their basics needs. The concept of the court system is that people should voluntarily pay what is proper and realistic in the circumstances. If they do not, and the matter comes before the court, the court will impose the rules about support that are set out in the legislation, Child Support Guidelines, and according to other cases which have

I am a permanent resident and I am now charged with a criminal offence, is there any consequence on

A person who is not a citizen of Canada and who is convicted of an offence and who is sentenced to jail is immediately affected by the event and may be subject to deportation and even lose the option for an appeal in certain circumstances, hence the importance of having legal counsel represent you to avoid harsh consequences that affect you beyond the usual sentencing.

One brother was the Power of Attorney over our mother’s account. We do not know how her account was

A Power of Attorney is required to keep records and be transparent with the handling of funds or activities on behalf of the grantor. There is a process referred to as passing of accounts that can compel the Power of Attorney to produce accurate accounting of his or her dealings with property of the grantor during the period of the appointment.

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Note: The responses provided in these questions are not legal advice for you. To answer your questions you need to contact our firm by telephone or e-mail, and we will get back to you within the next business day.