Monday, July 31, 2017

Many Ways Corporate Law Services in Barrie Can Help Your Business


Corporate law services in Barrie help businesses all around Central Ontario, Canada face legal challenges everyday. They provide sound advice and expert counsel for business owners and company executives and handle business transactions associated with the daily activities of the business.

Since corporate law is a diverse field, lawyers have specialty practice areas in order to provide representation on a wide range of legal issues that affect businesses. Many areas of a business may be managed by corporate law services, depending on the  changing needs of the company in different stages of its growth:

Starting a new business

New businesses are typically faced with a lot of business decisions at the very beginning and getting experienced advice about legal issues at this stage is a must. One area in which new business owners may need particular help in is in determining the appropriate business structure, whether it should be set up as a corporation, a partnership, a limited liability company, a sole proprietorship, or even as a joint venture (a partnership arrangement with an established company). Business owners often use their money to fund start-up operations and determining the appropriate business structure will be critical in deciding the implications of federal and state tax requirements and how to limit liability for the stakeholders. Other legal aspects included in the  formation of a new business venture that corporate legal services can assist with may include developing a business plan, finding sources to finance the business, creating corporate governance, establishing the board of directors and voting agreements and establishing equity and non-equity based incentive compensation plans.

Expansion and development

At some point the business needs to grow to increase earnings and revenues. As the business grows and brings on new shareholders, or enters into co-venture agreements, or expands its  market share through merging with or acquiring another business, or decides to divest or sell portions of the existing business to focus on a different product strategy, more legal complexities will arise and require resolution. Having the right law firm who can provide qualified corporate law services in various areas during this period of growth and expansion will prove to be invaluable for the organization.

Buying and selling transactions

A company’s buying and selling transactions may be overseen by corporate law services to ensure they comply with state regulations and protect the interest of the parties involved. Mergers and acquisitions,  strategic investments, joint ventures and restructuring or recapitalizations, for example, are all very critical activities that can dictate the financial stability of the company for years to come. Corporate lawyers can assist their clients during these risky deals by helping to find appropriate financing for mergers and acquisitions, providing advice concerning the drafting, negotiation, and performance of contracts for the sale of portions of the business, overseeing due diligence checks concerning the company that is to be acquired which can include a thorough review of company finances, employee agreements, intellectual property, environmental liabilities, real estate leases, and pending litigation cases involving the company to help ensure that their client gets what they paid or gets paid for.

While it may be true that corporate law services in Barrie can be expensive, it’s important to consider the value of the advice and guidance your company will be receiving on the whole. Small, medium, and large business entities rely heavily on these services to help them distinguish legal boundaries, identify potential risks  and to handle problems quickly and effectively and ensure that nothing interferes with the daily operations of the organization and to give corporate leaders the time they need to run the business with peace of mind knowing that their legal concerns are covered.

Friday, July 28, 2017

How a Civil Litigation Lawyer Can Help With Different Types of Lawsuits

Going through a lawsuit can be a complicated process and if you are considering filing one, the guidance and advice of a qualified civil litigation lawyer can greatly benefit your case. As a legal professional, a litigation attorney is familiar with all of the procedures, steps, and necessary paperwork that needs to be done in filing and pursuing civil cases.

Civil lawyers can help you understand if your case has a good chance of being successful in court. Moreover, if they see that your case is better handled outside of the courtroom they will also be able to advise on your options using alternative dispute resolutions.

Attorneys that are highly specialized civil litigators have the skill set to interpret the complexities of civil law and handle all types of civil litigation matters. Civil cases are non-criminal lawsuits, which means that they are caused by civil wrongs, no crime has been committed and no criminal sanctions are imposed. Instead, civil cases are personal disputes between individuals, businesses and other entities that need to use the courts or some legal intervention to seek monetary judgement or some other remedy to decide the matter at hand and end further harm.

There are many types of civil disputes that a civil litigation lawyer can handle. Some examples are:

Personal injury and tort civil litigation   

Torts or personal injury lawsuits are a result of the negligence, carelessness, recklessness or intentional conduct of an individual, business or other entity that have unfairly caused another individual or entity to suffer loss or harm leading the injured party to hire a civil litigation attorney to file a lawsuit to seek compensation. Personal injury civil litigation cases can usually occur from traffic or motor vehicle accidents, injuries caused by defective products or faulty repairs, from accidents because you slipped and fell on a wet floor or pavement, damages from libel, slander, malicious prosecution, or false arrest, and other cases in which negligence caused physical, emotional or psychological injuries or damages.

Family law cases    

Family cases are a type of civil case that generally involve issues between or concerning spouses, parents, and children. Divorce, separation, child custody, child or spousal support, guardianship, adoption and foster care placement, domestic violence and other issues involving family relationships are some common disputes that are handled by family courts in order  to provide fair and just decisions in relation to family law in order to improve the stability of the family unit.

Contract Litigation

One of the most common disputes that civil litigation lawyers get involved in are those relating to breaches of contract.  Civil lawyers  specialized in this area of litigation deal with many different forms of contracts, including business contracts, employment contracts, shareholders agreements, promissory notes, contracts for goods and services, loans, leases and rental agreements. Valid contracts are enforceable in a court of law and may give rise to a potential civil litigation claim. When one of the parties to a contract, which may be individuals, partnerships, corporations, or even governments, fails to perform its obligations under the terms of a contract, the other party has the right to file a breach of contract claim to pursue different remedies such as damages, specific performance and injunctions.

Whether you have a small claim lawsuit, or a large personal injury case, a civil litigation lawyer will represent you at every step in the process. Your attorney’s legal expertise will come in handy and put you in a better position to win your lawsuit.

Tuesday, July 25, 2017

Why You Need A Barrie Real Estate Lawyer When Buying A Home


If you are thinking about buying a home in Barrie, Ontario, it is best to consult with a Barrie real estate lawyer to guide you every step of the way of the process to ensure that you are protected. Your lawyer can provide invaluable assistance with all aspects of the deal, including the negotiating and contracting part of the process with the opposing solicitor, banks and mortgage brokers.

Hiring a real estate lawyer early in the buying process can save you time, but most importantly, save tremendous risk – and money. Particularly when legal issues arise that your real estate agent can't answer, you'll need an attorney's help to make judgments on legal questions.

Real estate law in Ontario can be very complex. Unique issues and special difficulties can arise that don’t come up in other transactions. Only the legal expertise of a qualified real estate attorney will be able to navigate through all the unique aspects of the law and ensure that it is interpreted and carried out in a way that is legally binding.

Real estate lawyers have your best interests in mind from the start. Let’s look at some of the ways they can help.

Financing

One way that a real estate attorney can protect your rights in the home buying process is when it comes to financing.Your lawyer can review all of the forms and prevent hefty rates from being imposed on you. For example, a purchase agreement can merely state “conditional on financing,” instead of ““conditional on getting the financing he [the buyer] wants.” In the first clause, nothing is specified about the rate of financing. This means that if a lender offers the buyer a higher rate like 5% financing (instead of a lower percentage), the buyer doesn’t have the option to back out of the deal. The former is a very broad clause and the latter is a more distinct clause that will allow the buyer to accept any financing the lender offers. A good real estate attorney would not fail to put down this important distinction in the paperwork. He or she has the legal knowledge to catch all kinds of dangerous clauses like these before you get stuck into a situation with negative long-term results.

The Status Certificate

If you are buying a condo, you’ll also need to have a real estate lawyer review the Status Certificate. This document essentially contains all the key information about the unit and of the condo corporation.

The certificate can basically run into one hundred pages with lots of legal jargon, so it’s important to have your lawyer examine it closely before buying the unit in order to protect you from serious expenditures forthcoming.

When reviewing the Status Certificate, be sure that your lawyer can provide you with clear answers to these questions:

  • Is the reserve fund adequate?
  • Is the condo corporation being sued?
  • Are there any arrears in common expenses?
  • Are there any new special assessments coming up?

The Closing

Another important step in the home buying process that your real estate attorney can get involved in is in the closing. An attorney will be helpful in:

  • Preparing the deed and other closing papers
  • Preparing a closing statement representing your remaining down payment, land transfer tax and legal fees and disbursements
  • Explaining the nature, amount, and fairness of closing costs
  • Ensuring that the deed and mortgage instruments are signed and appropriately executed and explained to the various parties

The closing process can be confusing and complex and  last minute disputes can arise. Having a lawyer stand by you among the other representatives of other parties can help minimize your risk and protect your rights.

Buying a home in Barrie, Ontario is such a significant investment that could impact the rest of your life. A highly qualified expert representing you in every step of the process is the very  best way to protect your interests.  Make sure you hire a competent Barrie real estate lawyer to review paperwork ahead of a purchase, interpret subtleties of the legal language, and help you navigate the nooks and crannies of real estate law because it can undoubtedly make a huge difference.