Opening an International Restaurant in Canada

September, 2018

 

A restaurant chain from Kuwait turned to our Real Estate team for help with their first Canadian branch.

 

the CHALLENGE

We were approached by a Kuwaiti restaurant chain with branches in the Middle East which wanted to enter the Canadian market. The Firm had identified a potential location within Mississauga, and turned to us for assistance. The client wanted to take substantial space to use as their venue.

 

how we helped

Rise Law ensured that the pre-let agreement that was required met the client’s needs and provided them with sufficient security that they could plan appropriately. We helped them to ensure that they acquired all the necessary licences to run a restaurant in the Canada, checked through the construction warranties so that there were no unpleasant surprises, and went through the lease documentation so that it could provide them with the right terms to underpin this significant business development for them. Amongst other things, it was important to them that they had flexibility since both the location and the market were new to them and they might need to evolve their offering over time.

 

RESULT

Our client successfully opened up in one of Canada’s largest cities. The terms on which we helped them to take the space are allowing them to negotiate effectively with the landlord as they develop their venue and their business continues to grow.

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alexander August 5, 2019 0 Comments

Creating a Unique IP holding company

January, 2018

 

Our Business lawyers helped formed a separate holding company for a client’s unique IP solution, which enabled them to license their IP.

 

the CHALLENGE

 

The client provided business processes, and software as a service to small businesses. They considered this to have tremendous commercial potential. They requested our advice on how best to exploit this solution.

 

how we helped

IP holding company

We created a separate intellectual property holding company for our client. This company managed the case management solution IP, under a software licence agreement. It then received license fees, under a long-term licensing agreement, from our client’s core business.

 

Creating a new company also created a varied investment profile for the group. Each shareholder could take different stakes in the original company and the IP holding company, depending on their investment preferences.

 

The creation of the IP holding company improved the group’s overall tax position. They could fully benefit from tax benefits, such as patent box, and R&D tax credits. In order to maximise the benefits gained, the IP company and our client’s original company were, in this case, best separated.

 

Licence agreement

The licence agreement shielded the IP holding company, because it would not face our client’s original company’s creditors. Additionally, our client’s original company could use the software under the licence agreement.

 

 

RESULT

Our work enabled the group to target a much wider market, and thereby was inherently valuable in allowing them to expand their business

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alexander August 5, 2019 0 Comments

Expanding the business of a digital media company

 

December 2017

the CHALLENGE

A start up in the digital media business approached our Business Lawyers, requesting that we assist them to put processes in place to allow them to operate smoothly and efficiently.

A tailored shareholders agreement drafted in conjunction with suitable articles of association sets out the framework for operation.  It is often too late to leave the questions open until trouble is brewing.

how we helped

Drafting a shareholders agreement

We set up the equity structure for the company. We advised on the use of different classes of shares for founders and investors. Then we implemented bespoke articles of associations and a shareholders agreement.

Tailoring the shareholders agreement

We drafted a shareholders’ agreement for investors investing in the platform. The investors were concerned at the risk of the founders:

  • Working on other projects unrelated to the business which, in turn, was likely to reduce the profitability of the business; and
  • Setting up a competing business if they left the business in which the investors were investing.

 To provide suitable comfort to the investors, we drafted a set of restrictive covenants prohibiting the founders from:

  • Being able to work on any other business than the one the investors were investing in; and
  • Setting up a new business in competition with the business the investors were investing. This was until a certain time frame had elapsed.

Director and shareholder

We advised an existing founder who was leaving the company on how to negotiate a good deal for the price received for his shares. We provided ideas on how the business could fund the buy back and cancellation of his shares tax efficiently via staging the payments.

RESULT

Our work with the founders allowed them to reach amicable solutions regarding their everyday operation of the business. Our work with the investors provided the investors with sufficient comfort to invest in the company. Ultimately, the business’s profits expanding twofold with a year’s time.

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alexander August 5, 2019 0 Comments

Planning Appeal in Toronto

April, 2018

A decision against residential conversion is overturned after our Planning team gets involved.

 

the CHALLENGE

In April 2018, a Toronto based homeowner contacted us following the acquisition of a house in Toronto and the Municipality’s dismissal of an appeal to convert into a multi-unit rental property.

 

how we helped

We advised the client that the appeal inspector had applied the relevant policy tests incorrectly, and as a result had come to a decision based on faulty reasoning. We indicated that the way forward would be to submit a Superior Court action to challenge the decision and set out the policy errors.

 

RESULT

Following the submission of a court action, the Planning Inspection Office consented to judgment, allowing the appeal to be determined afresh, in our client’s favour. The client was delighted with our advice and our thinking outside the box, which other professional advisers had shied away from.

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alexander August 5, 2019 0 Comments

Succeeded in challenging a negative tourist visa application April 2019

THE CHALLENGE
Our clients live in Jordan. They have siblings that are Canadian citizens and living in Canada. They submitted a tourist application but it has been rejected. The Officer highlighted that they did not believe that the applicants would return back to their country, or that they have enough ties in their home country.

HOW WE HELPED
Visa applications often hinge on the details. Applicants need to demonstrate a clear intention that they will enter Canada for the purpose of tourism. We worked with the entire family, in both Jordan and in Canada, to prove that the Applicants has sufficient financial resources, many assets in Jordan, and several employment, family, and extracurricular ties that demonstrates their intention to return. We submitted over 50 pages of such supporting documentations.

RESULT
After three months of waiting for the processing of their applications, the applicants received a positive decision, and were able to visit their siblings in Canada.

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alexander August 1, 2019 0 Comments

Succeeded in Sponsoring Parents in India by Canadian Children May 2019

THE CHALLENGE
Our client had built up a shop business over several years in Toronto. He and his married sister had been sending money to their parents in India. Over time the parents have become frail and needed help. They wanted them to come join them in Canada as Permanent Residents.

HOW WE HELPED
We advised the clients regarding the various options available to them as of May 2019 to sponsor their parents including applying for the Super visa, a Humanitarian Application, or a Family Sponsorship Application. We then prepared a Sponsorship Application based on the guaranteed financial support that the clients can offer their parents, and submitted it in the allotted time set by the Canadian government.

In conjunction, we procured visitor visas for the parents so that they are able to visit their children in Canada during the interim waiting time.

RESULT
We canvassed various options to ensure that parents are able to reunite with their children quickly, and choose the most expedient and affordable ones to ensure that this happens.

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alexander August 1, 2019 0 Comments

Contesting changes to a Will that excluded a beneficiary June 2017

THE CHALLENGE
We represented Mr G, a client whose parents made Wills together while they were both alive. When Mr G’s father died, our client’s mother inherited all of her husband’s estate. She then changed her Will to remove our client as a named beneficiary.

HOW WE HELPED
Had the new Will been enforced, Mr G would have received nothing when his mother died. However, we were able to advise him that, as an adult child of the deceased (his mother), he could pursue a claim under the Inheritance Act.

Acting on Mr G’s behalf, we were able to secure a substantial interest in the estate for him, despite the existence of the new Will written by his mother.

RESULT
We achieved this result via mediation rather than going to court, which was both less expensive and less distressing for the parties involved.

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alexander August 1, 2019 0 Comments

Protecting an estate left without a Will May 2017

We acted for a group of siblings whose last remaining parent had died intestate, and took actions to protect their interests.

THE CHALLENGE
A group of siblings approached us regarding their deceased parent’s estate. Their sister had volunteered herself to administer the estate on everyone else’s behalf, however it became apparent that she was not sticking to agreed actions.

HOW WE HELPED
The sister was failing to keep her siblings informed, as well as distributing money and other assets against the rules of intestacy (the regulations that govern the management of estates without Wills).

We advised the other siblings about the intestacy rules and other legal avenues, such as those within the non-contentious probate rules. We then acted to prevent their sister from dispersing or spending any more of the estate’s assets.

RESULT
Finally, we enforced the appointment of an independent estate administrator to independently manage the legal distribution of the estate. All parties were therefore ensured of fair distribution of the estate.

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alexander August 1, 2019 0 Comments

Unmarried partner left out of Will June 2018

We secured a part of an estate for the partner who was left out of the Will of a deceased partner.

THE CHALLENGE
Our client, Ms N, had lived with her partner for over twenty years before he died. Unfortunately, the two never married and he passed away leaving a Will that had been written before their relationship had begun.

As a result, Ms N was not named as a beneficiary in the Will and would have received nothing from it. Worse still, she would have been unable to continue living in the house that they had shared, as it was registered in her partner’s name only.

HOW WE HELPED

However, we were able to advise her to pursue a claim as someone who had lived with the deceased person as his spouse and, furthermore, could reasonably claim to have been dependent on them.

RESULT
We communicated with the estate in order to ensure that our client obtains her allotted portion of the estate, and ensured that the calculation rules were correct, and followed. As a result the client was able to obtain the financial means to live comfortably.

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alexander August 1, 2019 0 Comments

Our Family Lawyers helped secure the value of company assets owned by our client in a divorce proceeding. October 2018

THE CHALLENGE
Our Family Lawyers acted for the husband on the financial consequences of his divorce.
In addition to the house and other assets owned by the husband and his wife, the husband held shares in several companies.

HOW WE HELPED
There were discrepancies over the value of the company assets so our lawyers worked to provide a full picture of our client’s business assets.

We obtained expert commentary from the accountant on the issue of liquidity regarding our client’s company interests, as our client did not think he could withdraw much money from the companies without adversely impacting them.

Once the experts had prepared their reports it became clear that the company assets were worth close to what our client had originally suggested. The amount of money that could be taken out of the companies was found to be limited.

RESULT
We negotiated a settlement that our client was happy with and which allowed him to keep his company interests intact.

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alexander August 1, 2019 0 Comments