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A ‘legal fiction’ is a concept in law where something is assumed to be true, even though it may not be true in reality. One common example of legal fiction is the notion of an incorporation, where a company is ‘born’ and treated as a… Read More »Tick Tock: The ‘legal fiction’ of being billed in six-minute increments
Hiring a ‘Virtual General Counsel’ can offer a number of benefits for businesses of all sizes. Here are just a few reasons why you might consider hiring a Virtual General Counsel: Overall, hiring a Virtual General Counsel can be a smart decision for businesses looking… Read More »A ‘Virtual General Counsel’: Your Remote Legal Partner for Strategic Business Success
Certain contracting practices (in this case an exclusivity policy) can get you unwanted attention from the Competition Bureau (and worse!). The Competition Bureau recently considered Turo’s (the largest player in the P2P car sharing platform in Canada) exclusivity policy in its Terms of Service. The… Read More »An example of when restrictive contractual terms for customers can be a bad idea
In case you missed it, last year the Supreme Court of Canada clarified how releases should be interpreted. What is release anyway? (and remind me again why I care?) In a nutshell, a release is where one party agrees not to make claims against another… Read More »Please release me, let me go… (How releases should be interpreted in Canada)
You can buy a business suit or a contract ‘off the rack’ to save a few bucks and hope for the best. However, if you are going to spend money on a suit or a contract, especially for regular use, you don’t want to walk… Read More »Contracts: A lawyer should be your tailor
Many businesses understand the value of developing a STANDARD FORM CONTRACT to sell goods or services. For example: 1. It allows a company to express the terms and conditions for which they are willing to govern the relationship with their customer, and in a way that… Read More »Benefits of developing a contract playbook
PIPEDA, Canada’s federal private sector privacy law, can apply to Google results… Counter to Google’s argument, Federal Court Associate Chief Justice Jocelyne Gagne said that PIPEDA applies to Google when it indexes web pages and presents search results in response to searches of an individual’s… Read More »Canada’s federal private sector privacy law can apply to Google results
Many #SaaS companies these days are generally aware of privacy law requirements (e.g., they understand that there are obligations and responsibilities attached to collecting, using and disclosing personal information, and they recognize the acronyms of PIPEDA (Canada) and the GDPR (EU). However, often their actions… Read More »Know your privacy law obligations
If your company is a non-resident cross-border digital products or digital services provider, then you may now need to register for GST/HST in Canada. While Law Savvy doesn’t provide tax law advice, some clients and digital economy businesses may need to consider this. You can… Read More »Non-resident cross-border digital products or digital services providers may now need to register for GST/HST in Canada
If your company installs or directs the installation of programs on someone’s computer (e.g., browser extensions, etc.) then you need to keep Canada’s Anti-Spam Legislation (CASL) in mind. Generally speaking, (as in some circumstances you might be considered to already have consent in relation to java… Read More »Be careful when installing or directing the install of computer programs