Shnier Mackenzie Law & Policy Consulting, PC

Although incorporating can feel like a daunting task, it poses many advantages. In this post we’ll guide you through the steps to incorporate your business.

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Are you navigating complex business challenges or seeking legal advice? Schedule a complimentary 30-minute discovery call - a member of our team will be happy to answer your questions.

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Investing in a franchise can be an enticing business venture, offering aspiring entrepreneurs a proven business model, brand recognition, and ongoing support. Canada, with its thriving economy and diverse markets, presents a wealth of opportunities for those considering franchise ownership. In this post, we will delve into the pros and cons of buying a franchise in Canada, with a specific focus on Ontario.

Have questions? Send us a DM or book a no obligation discovery call through the link in our bio.

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Commercial real estate comprises a wide range of properties, including office buildings, rental apartments, warehouses, gas stations, hotels, industrial and retail plazas. Given the significant financial impact of commercial property purchases on businesses, it is crucial to ensure that such transactions are handled with the utmost care and attention.

The purchase of commercial properties is inherently more complex than that of residential properties. For instance, commercial property transactions often entail dealing with tenants and their leases, service contracts, and employment contracts for salaried workers, which can significantly affect the financial health of a business. Regardless of whether you are selling or purchasing commercial real estate, due diligence must be exercised at every step to avoid potential risks.

Swipe to learn the steps involved in purchasing commercial real estate property.

Need a lawyer to assist with your commercial real estate transaction? Book your free 30 minute no obligation discovery call with a member of our team - we’d be happy to help.

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When it comes to the growth and expansion of Canadian businesses, mergers and acquisitions (M&A) can play a significant role. M&A activities involve combining two or more companies to create a stronger and more competitive entity. However, before embarking on such a transformative journey, Canadian businesses need to be aware of the legal considerations involved. In this post, we will explore the legal aspects that Canadian businesses should consider during mergers and acquisitions.

When it comes to mergers and acquisitions (M&A), having the right legal professional by your side is crucial. They can provide expert guidance and ensure your transactions are legally sound.

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Due diligence is a vital step to take when buying a business. A thorough review of the target’s business prospects, finances and legal issues is critical to ensure your acquisition is a success.

The process lets you confirm your understanding of the target’s value, and set up a smooth transition. It may also uncover key information that changes your perception of the deal and could even make you walk away.

In the general sense, due diligence refers to the care and effort a reasonable person would take to avoid harm to other persons or their property. But in business, it can best

be defined by the research and analysis that a company or organization does in preparation for a business transaction, such as a corporate merger or purchase of securities.

The investigation is usually carried out by the party contemplating a business transaction. Due diligence helps the buyer evaluate the advantages and risks involved.

Due diligence allows the buyer to gain a much more detailed understanding of the business and confirm that the acquisition is a good idea. The vendor provides comprehensive commercial, financial, legal and other information so the buyer can understand how the business works.

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When you are thinking about becoming a franchise owner there is a lot of information to consider. This is an exciting new endeavour for yourself and your potential business partners and you will be investing a lot of money, time, and effort into making your business a success. But when you are starting up your own business as a franchisee, you are focused on proper licenses, marketing, and your obligations to the franchisors. During this time, you may not necessarily think of the end (at the very beginning!). While this is understandable, it is important to be aware of franchise agreements and the renewal process so that you maintain what you have worked so hard to build.

So you might be asking yourself: what happens at the end of a franchise agreement? It’s important to note that franchise agreements typically last for 5-10 years and these are fixed-term agreements. This can be overwhelming because no one knows what will happen so far down the road, but time flies. Once the franchise agreement expires, you will not be able to operate your business using the franchisors products, services, or branding with the exception of you extending your agreement, or signing an additional agreement.

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If you’re a business owner, owning and operating your business is likely akin to creating your legacy – one that, with proper planning, will carry on long after you retire or leave the business. Therefore, if you haven’t started thinking about business succession planning, now is the time to start.

What does a comprehensive business succession plan look like? As every business is different, you’ll naturally see variations in how different business owners set up their succession plans.

However, every business owner should consider several key elements of a comprehensive business succession plan.

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We are incredibly grateful for Meaghan B's 5-star review! 🏅 Knowing that our work has helped your healthcare practice stay protected and compliant with Ontario laws is what motivates us every day. We look forward to continuing to support your companies with the highest level of service. Thank you for your trust in Shnier Mackenzie Law.

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At Shnier Mackenzie Law, we often encounter misconceptions about employment contracts. In Ontario, due to increasing litigation, written employment contracts have become more detailed and comprehensive. Employers are now more proactive, drafting contracts that anticipate various scenarios to clearly outline outcomes within the employment relationship. This trend ensures clarity and protection for both parties in a constantly evolving legal landscape.

Swipe to learn three things every employer should consider including in every employment contract.

Have questions? Visit our website (link in bio) to book a call with an expert from our team.

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At Shnier Mackenzie Law, we understand that the terminology in a Shareholders’ Agreement can be complex and daunting. These agreements include unique legal jargon that outlines essential elements like decision-making powers, share transfer restrictions, and dispute resolution processes. Knowing these terms is crucial for ensuring clarity and protecting your interests.

We’ve broken down the most common terms to help you navigate and understand your Shareholders’ Agreement.

Secure your business’s future with confidence—book a no-obligation discovery call with us today.

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Are you a dedicated business owner who has invested your heart and soul into building a thriving enterprise? Have you considered what will happen to your business when you retire or encounter unexpected challenges?

Many entrepreneurs neglect the essential task of business succession planning, putting their hard-earned legacy at risk. At Shnier Mackenzie Law, we emphasize the importance of strategic succession planning to secure your company's future. By ensuring a smooth transition of leadership and ownership, you can safeguard business continuity and maintain your valuable legacy.

A well-developed succession plan goes beyond mere management—it requires a thorough understanding of internal talent, company culture, and market trends. This foresight not only ensures sustainability but also fosters a positive environment within your organization. Transparent communication about growth opportunities inspires loyalty and attracts top talent, boosting stakeholder confidence during leadership changes.

Effective succession planning involves evaluating current leaders, providing professional development, and encouraging cross-functional exposure. By building a resilient foundation for continued success, you inspire loyalty and productivity among your team.

Secure your business's future with a comprehensive succession plan. Contact Shnier Mackenzie Law today to book a no-obligation discovery call and learn how we can help you protect your legacy.

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Franchise legislation in most Canadian provinces, including Ontario, mandates franchisors to include financial statements for their most recent fiscal year in disclosure documents. Acceptable financial statements can be either audited or review engagement financial statements, both of which must comply with Canadian GAAP or equivalent standards.

So how important is it that financial statements be up to date?

Canadian courts have consistently concluded that a franchisor’s financial statements are an extremely important component of franchise disclosure. Financial statements that are even slightly out of date constitute a material disclosure deficiency that may completely negate disclosure. The deficient or negated disclosure may provide a franchisee with a right to sue for damages (if the deficient information caused the franchisee damages) or to rescind their franchise agreement and be compensated for all of the costs of establishing the business. A full discussion of the implications of rescission is beyond the scope of this post, but it is sufficient to say that the financial and logistical costs of a franchisee rescinding their franchise agreement creates a significant enough incentive for franchisors to ensure that no such right is ever available.

Have questions? Reach out, we'd love to chat. 💻📱

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Franchising has many advantages and can be an ideal business expansion model for the right business. Similarly, there are certain drawbacks to franchising and it may not be the best expansion model for other businesses.

In order to properly consider the advantages and disadvantages of franchising your business, it is important to understand exactly what franchising is.

Most people are familiar with fast-food franchises and appreciate the reliability of knowing the product provided by a particular fast-food brand will be the same regardless of which location they walk into. This understanding covers two of the elements of a franchise:

(1) the right for a business to operate under a particular brand or trademark; and
(2) the ability of the party that owns the brand or trademark to control certain elements of the business.

The final element is the payment of a fee from the party receiving the right (the “franchisee”) to the party granting the right (the “franchisor”), in exchange for that right.

Swipe for details on the advantages and disadvantages of franchising your business.

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How do you end a partnership agreement? 📃❌

The first thing to do when seeking to end a partnership agreement is to refer to your partnership agreement’s clauses that set out how to dissolve or terminate the partnership. If such clauses do exist, then follow the road map and adhere to those requirements. The contract may limit the circumstances in which partners can dissolve the partnership. If the agreement is silent on the matter, then statutory provisions for the dissolution of partnerships apply. If you find the terms concerning dissolution in the partnership agreement to be vague or yield multiple interpretations, then you may apply to the court for clarification.

If you are seeking to end your partnership and would like to know more about how to proceed, visit our website (link in bio) to book a call with an expert from our team.

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Can I walk away from a commercial lease? 🏢 📃

Whether you are a landlord or a tenant, your commercial lease binds you. This means you can walk away from the agreement, but the courts may penalize you for doing so.

How you are penalized depends on who breaks the lease, how it is broken, and what your contractual lease dictates.

So what happens if you break a commercial lease? Swipe to learn various scenarios you could face.

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Crafting a comprehensive employment agreement is essential to protect your business and foster a fair workplace.

Key aspects to consider include clear termination clauses to manage severance pay, provisions for job changes to prevent constructive dismissal, and guidelines for temporary layoffs to avoid misinterpretation. Correctly classifying employees vs. independent contractors is crucial to avoid legal issues. Additionally, non-compete and privacy clauses should be carefully drafted to balance protection and fairness.

Ensure your contracts are robust and legally sound—book a no-obligation discovery call with us today.

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In today's evolving landscape, turning an idea into a viable business model requires careful planning. Your business model should create and deliver value to customers while capturing value for its owners—namely, you!

If you’re considering launching a startup, keep these critical key aspects in mind as you begin the planning process. We've outlined some often-overlooked basics that warrant further explanation.

Still have questions? Book your free 30 minute no obligation discovery call with a member of our team. We would be happy to assist you and answer any questions you may have about your startup. 📱💼

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Choosing the right legal structure is crucial before registering a new business in Ontario, as it impacts everything from tax obligations to personal liability. Most businesses fall into one of three categories: sole proprietorships, partnerships, or corporations. Each structure has unique advantages and disadvantages that can significantly affect your business operations and success.

When incorporating, you must decide between provincial incorporation (for business within Ontario) or federal incorporation (for business across multiple provinces or internationally).

Selecting the right business structure is a foundational decision that can shape your business's future. At Shnier Mackenzie Law, we can help you navigate these choices to ensure you make the best decision for your business needs. Contact us for expert legal advice tailored to your situation.

Swipe for the pros and cons for each type of business structure ➡️

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Building an inclusive workplace culture while adhering to Ontario's employment laws is paramount for fostering a positive and respectful environment for all employees. With recent changes to legislation, such as the amendments to the Occupational Health and Safety Act (OHSA), employers are tasked with implementing robust policies to prevent discrimination and harassment. In this post we delve into the essential steps for creating inclusive workplaces that comply with Ontario's employment laws, ensuring the protection of employees' rights and well-being.

Creating an inclusive workplace environment requires proactive measures and adherence to Ontario's employment laws. If you're seeking guidance on developing comprehensive policies or ensuring compliance with the latest regulations, our team at Shnier Mackenzie Law is here to help.

Book a no-obligation discovery call with us today to discuss your needs and explore how we can support your journey towards building an inclusive and legally compliant workplace.

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Are you wondering what a Shareholders’ Agreement is and how it might benefit your business?

At Shnier Mackenzie Law, we understand the importance of setting your business up for success from the start. 📖🖋️

In this post, we’ll delve into the three reasons your business needs a Shareholders’ Agreement ➡️

Have questions? Book your no obligation discovery call by clicking the link in our bio.

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At Shnier Mackenzie Law, we understand the appeal of buying a franchise as a pathway to business ownership. It offers the advantage of being your own boss while providing several key benefits that are often not available when starting a business from scratch. These include:

🖊️ An established and proven business model
🖊️ The use of a recognized brand with trademarks and patents already in place for your protection
🖊️ An estimate of the costs required to get the business up and running
🖊️ Support and training from the franchisor and fellow franchisees
🖊️ Access to products, supplies, and supply chains that have been tested, with established relationships with suppliers
🖊️ Access to group purchasing power for products, supplies, and advertising

The Canadian Franchise Association offers many resources to help you decide whether purchasing a franchise is the right move for you. If you have determined that buying a franchise is the right decision and have selected a franchise that interests you, here are a few important considerations ➡️

Ontario employment contracts are essential documents that define the terms and conditions of employment between employers and employees within the province. These contracts encompass various key clauses that outline the rights, obligations, and expectations for both parties.

From employment termination and severance to confidentiality and compensation, understanding and carefully crafting these clauses are crucial for protecting interests and fostering a mutually beneficial work environment.

In summary, Ontario employment contracts play a vital role in delineating the rights and obligations of both employers and employees. Each clause, from job descriptions to confidentiality agreements, shapes the employment relationship and ensures legal compliance.

By meticulously crafting these clauses, both parties can safeguard their interests, promote a positive work environment, and navigate disputes effectively.

For personalized legal assistance, Shnier Mackenzie Law offers comprehensive Employment Law services, ensuring clients understand their legal options and receive dedicated advocacy. Contact us today to learn more about how we can assist with your employment contract needs.

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A commercial lease agreement is typically a very complicated agreement that you can be held to for many years. It is important to have a commercial lease reviewed by a lawyer who specializes in commercial transactions because it is a legal document that can last three to ten years, or even longer.

There are many clauses to consider that will have a significant impact on your rights and the value you earn out of the Lease. Commercial Lease Agreements will have specific clauses that may outline important details like your right of first refusal, termination conditions, escalation clauses, improvements as well as practical things such as parking, building rules, etc. It is very important to understand these clauses and the impact that they may have on your business.

Have questions? Book you no obligation discovery call with a member of our team through the link in our bio.

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Ontario's consumer protection framework includes various statutes, regulations, and guidelines aimed at safeguarding consumer rights in transactions involving goods and services. The primary legislation governing these transactions is the Consumer Protection Act, which sets out rules regarding warranties of quality, unfair practices, and consumer product safety.

Navigating consumer protection laws can be complex, but Shnier Mackenzie Law is here to help. Our experienced team is ready to provide you with comprehensive legal support tailored to your needs. For personalized guidance on consumer protection issues, contact us today.

Swipe for an overview of key legislative areas ➡️

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Renewing your franchise agreement is a pivotal decision that can significantly impact your business's future. At Shnier Mackenzie Law, we understand the complexities involved in this process and are here to guide you every step of the way. Whether you're looking to continue your successful franchise journey or contemplating new opportunities, it's crucial to be well-prepared and informed. Here are three key insights to help you make the best decision for your business. 📈

📞 Ready to navigate your franchise renewal? Book your no-obligation consultation with Shnier Mackenzie Law today!

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We extend our sincerest gratitude to Stephanie M. for her kind words and support. It has been a privilege to collaborate with Stephanie on matters concerning her mental health practice. We deeply appreciate her recognition of Adrienne's meticulous approach and commitment to excellence. 🤝

If you've had the opportunity to work with a member of our team, we would be immensely grateful if you could take a moment to share your experience with us on Google. Your feedback is invaluable to us as it helps us better understand and meet the needs of our clients.

Starting your own business is an exciting journey! If you’re in Ontario, Canada, and thinking about making your business official, you might consider incorporating it.

Incorporation can sound complicated, but it’s just a process that turns your business into its own legal entity.

Let’s break down what this means for you ➡️

Access the full blog article by clicking the link in our bio for a detailed guide on incorporating your business, complete with step-by-step instructions.

Divorce proceedings are often emotionally-charged affairs that can create an adversarial environment for all parties involved, especially when money, property, and child custody are involved. They also tend to be expensive as legal bills stack up during negotiations or in family court.

One approach to settling divorce issues is through the mediation process. This approach allows couples to openly discuss and to potentially bring divorce-related matters to an amicable conclusion, taking much of the stress out of an already difficult situation. 👨‍👩‍👧‍👦💼

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