Business lawyer in Vancouver and Toronto
Looking for a business lawyer? HART Legal is now offering business law services to our clients. We are looking to represent companies when they need us. We would like to meet with the owners of companies for coffee and discuss the company’s legal needs. Our Vancouver and Toronto business lawyers also offer free 30 minute consultations. Please call 877-788-9477 to book your free consultation now.
Running a business can be stressful and complex, and you need to be protected. Business law is a lot more than just contracts, it also takes into account employment law. You have responsibilities your employees, contractors and suppliers. Violating these provincial or federal responsibilities can be extremely expensive. As a business owner, others have responsibilities to you as well.
What is business law?
Business law sets standards, defines business risks, and sets out business relationships. Many people in business see the law as rules regarding illegal business activities. However the law goes beyond what can and cannot be done. Contract law allows businesses to know when they have formed an enforceable contract allowing them to seek compensation if the contracting party does not fulfill its obligations. However, as we often see at HART Legal, one party does a lot of work while believing they have an enforceable contract, only to find out the other party manages to get out of it.
What is negligence?
Another important business law is negligence. The law of negligence has established that businesses must comply with certain standards in the manufacturing industry. If they do not inspect their products and there is a problem, the company may be liable. This can lead to million dollar settlements, which you can often read about in the media.
The Employment Standards Act is extremely important for every employer to know. Each province sets out it’s own act that dictates what the minimum wage, allowable deductions, and hours of work is going to be. There are massive costs if you violate the Employment Standards Act.
Speak to a business lawyer. Please call 877-788-9477 to book your free consultation now.
Business law governs commercial dealings. These laws provide a certainty within which businesses can operate, serving as guidelines for business decisions. Every person in business should be familiar with the laws governing their industry.
Corporate mediation and arbitration
HART Legal is a huge believer in arbitration and mediation for corporate disputes. Settling disputes by going to court is expensive, time-consuming and emotionally exhausting.
Corporate arbitration is where the parties agree to present their case to an impartial third party and are required to accept the arbitrator’s decision.
Corporate mediation is similar, but the mediator intervenes with the view of persuading the parties to adjust of settle their dispute. Neither party is bound by the mediator’s decision.
A contract is an agreement that sets out the relations between parties regarding performance and duties. A proper contract should be enforceable by a judge or an arbitrator.
A contract can be an express contract, which is specified with terms of the contract. A contract can also be implied, which depends on the acts and conducts of the party. An example of an implied contract would be going to Subway Sandwich and ordering a Turkey foot long sandwich. Even though you do not sign a contract, when you order the sandwich it is understood that you will pay the price on the menu and they will deliver a sandwich that is edible and resembles the picture on the menu.
Warranties are specific statements of fact or promises about a product by the seller. This form of warranty is considered part of the sales transaction that influences the buyer. Warranties appear in the form of statements. For example “This car will drive up to 150 KM” is an example of a warranty.
Question: What are the required elements of a valid contract?
A contract is an agreement between two or more parties that meets the following criteria:
- Mutual agreement
- Capacity of the parties
- Legal consideration
- Lawful object
- Legal form
Question: What are the advantages and disadvantages of partnerships?
The advantages include more financial resources, shared management and pooled knowledge, and longer survival. The disadvantages include unlimited liability, divisions of profits, possible disagreement among partners, and difficulty of termination.
Question: What laws control the employment relationship?
Once someone forms an employment relationship, they are protected by both provincial and federal laws. This laws normally set out the working conditions, minimum wages, holiday, vacation time and pay, parental leave, and termination.
All employees have to right to work in a healthy and safe environment free from harassment and other dangers. Each province has their own employment rules, so it’s best to contact a lawyer in your area. Hart Legal can help you in British Columbia and Ontario. If you live in another province and need to speak to an employment lawyer, contact us and we can refer you to a law firm that we trust.
Question: What makes someone an employee?
There are a number of factors that make someone an employee. These include:
- Is tax deducted from pay?
- Is equipment provided by the company?
- Are hours of work controlled?
- Where does the work occur?
- Is it an ongoing position or a set period of employment?
Other factors often apply as well.
Question: How does maternity leave work?
Most women are entitled to a period of pregnancy leave, usually for around 17 weeks. This varies provincially, from 11-17 weeks before a baby is due. Mothers may also be eligible for leave after birth as well. If you are a business owner, you need to be prepared for this.
Question: Are you allowed to record what your employees say?
Recording private communications without the consent of those speaking or without legal authority (such as a warrant) is a criminal offence.
Need a Business Lawyer?
There are a lot of factors business owners need to consider when running a business. Looking for a business lawyer? Please call 877-788-9477 to book your free consultation now.