Monthly Archives: January 2010

Legalese Dictionary: Franchising

What is a franchise?

While for most ordinary citizens the word “franchise” conjures up images of McDonalds or PizzaPizza, not many people can clearly define what a franchise is.

When used in the commercial sense, “franchise” refers to the sole right granted by the owner of a trademark or tradename to engage in business or to sell goods or services in a certain area. The owner of the rights is referred to as the “franchisor,” while the person purchasing the rights is called the “franchisee.”

Almost always, the right to use the trademark or traden ame addressed is bundled with access to “know-hows” or other proprietary information not commonly known to the public.

In Ontario, franchising is regulated by the Arthur Whishart Act (Franchise Disclosure), 2000.* The Act provides rules on a franchisor’s obligation to information disclosure and fair dealing. If the franchisor fails to comply with the legislation, the franchisee is entitled to remedies.

*S.O. 2000, c. 3

Note: Please keep in mind that this article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. The law may have changed since the publication of the article.

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Criminal Lawyers Associations Ends Boycott against Legal Aid Ontario

The Criminal Lawyers Association, which has been boycotting Legal Aid Ontario since June of 2009 to protest the hourly rate, has announced that it has reached an agreement with the province. Legal Aid will be increasing the hourly tariff for about 5% a year for the next few years.

The news release also says Legal Aid Ontario will be providing additional funding for enhanced family law (custody and access cases) and poverty law services (ODSP and OW appeals before the Social Benefits Tribunal and matters before the Landlord and Tenant Board).

For a tier 1 lawyer working the tariff rate, the first year’s raise will bring an additional $3.88 per hour, while  most senior lawyers will get an increase of about $5.

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Has Canada Stopped Deporting People Back to Haiti?

It’s been 9 days since Haiti was struck by a magnitude 7.0 earthquake. The epicentre was just outside the Haitian capital Port-au-Prince. The city crumbled and the damage was widespread.

Promptly after the earthquake, U.S. President Obama announced that his administration will allow undocumented Haitians to remain in the U.S. temporarily.

What about Canada? Have we stopped deporting people back to Haiti?

After speaking with several senior immigration lawyers, I concluded that no one knows for sure. There have been no news releases from the authority Canada Border Services Agency.* (The latest news release as of today was posted in 2009.)

However, despite this, the lawyers seemed certain that deportation to Haiti has been halted because of logistical difficulties. The only airport in Port-au-Prince has been restricted to aid and evacuation purposes, while the coast is equally occupied by aid and military vessels. Therefore, deportation to Haiti is unlikely at the moment.

*www.cbsa-asfc.gc.ca/menu-eng.html

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PSWLaw®, Integrated Small Business Solutions® Now Officially Registered Trade-Marks

I’m pleased to announce that both my trademarks, “PSWLaw” and “Integrated Small Business Solutions,” have been officially allowed and registered. Hooray!!

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PSWLaw HST Bulletin: Small Businesses and the GST/HST

Commencing July 1, 2010, in Ontario, the Goods and Services Tax (GST) will blend with the provincial sales tax and become the Harmonized Sales Tax (HST) in Ontario. The new tax is set at 13%.

At the moment, a GST registered business collects the GST from the customers and pays the GST to its suppliers. At the end of the reporting period (depending on the total sales, it may be monthly, quarterly, or annually), it calculates how much GST was paid out for the purposes of generating income then subtracts the amount that was collected from the customers. If the difference is a positive amount, the business owes the Canada Revenue Agency (CRA) money, if negative, it’s entitled to a refundable input tax credit (ITC).

The rules of HST collection turn out to be the same for the GST as the new tax is designed to streamline the process of tax collection. Businesses providing taxable supplies in Canada are required to register for the HST, unless you are a small supplier as defined by the law.

To qualify as a small supplier, you need to meet one of the following conditions:

  • If you are a sole proprietor, your total revenues from taxable supplies (before expenses) from all of your businesses are $30,000 or less in the last four consecutive calendar quarters and in any single calendar quarter.
  • If you are a partnership or a corporation, the total revenues from taxable supplies (before expenses) of the partnership or corporation are $30,000 or less in the last four consecutive calendar quarters and in any single calendar quarter.
  • If you are a public service body (charity, non-profit organization, municipality, university, public college, school authority, or hospital authority), the total revenues from taxable supplies from all of the activities of the organization are $50,000 or less in the last four consecutive calendar quarters and in any single calendar quarter. A gross revenue threshold of $250,000 also applies to charities and public institutions.

That being said, taxi and limousine operators are required to collect the GST/HST, even if they qualify as small suppliers.

PSWLaw is your lawyer for your small business.

Note: Please keep in mind that this article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. The law may have changed since the publication of the article.

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PSWLaw in the Toronto Korean Community

I’m pleased to announce that starting in January 2010, PSWLaw will be advertising in the Korean Central Daily and the Canada Journal.

If you are a small business owner and have unresolved legal issues, please give me a call. We are here to help. Call 416 433 5531 to book an appointment today.

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Book Review: SuperFreakonomics by Steven D. Levitt & Stephen J. Dubner

SuperFreakonomics

By Steven D. Levitt and Stephen Dubner.

HarperCollins; 288 pages; $36.99

In 2005 rogue economist Steven Levitt and journalist Stephen Dubner partnered to write Freakonomics: A Rogue Economist Explores the Hidden Side of Everything. Filled with interesting topics on teachers who cheat, self-serving realtors, and crack-selling boys living with their moms, it was a blockbuster, remaining on the top seller list of the New York Times for several months.

Fours years later, the authors have brought us the squeal: SuperFreakonomics: Global Cooling, Patriotic Prostitutes, and Why Suicide Bombers Should Buy Life Insurance.

How does SuperFreakonomics measure up the original?

Standing on the shoulders of their previous success, the authors here take on topics that are much bolder. The perils of drunk walking. How much does a prostitute make? Do you make more money if you have a sex change? What about a cheap way to cool the globe?

The book intriguing and amusing at the same time, just like its predecessor. It turns out, a prostitute makes between $16,000 to $300,000 a year. You do make slightly more money if you change your sex from female to male (but not the other way around.) And yes, there are several cheap ways to cool the globe.

That being said, SuperFreakonomics, albeit based on solid academic research, was written for pleasure reading. For a critical reader, some assumptions are just too easily made.

For example, the authors claim that drunk walking is more dangerous than drunk driving based on the assumption that people walk drunk at the same rate driving drunk on a per-mile basis (1 in 140). Because people in America drive so much more than they walk, on a per-mile basis, despite the absolute number of death the authors concluded that drunk walking is more dangerous.

To the critical eye, the conclusion seems arbitrary and convenient.

Other topics appear poorly integrated into the book as  a whole. Some of the amusing tidbits pop up as if the book were a cocktail party. “Why do oral sex become so cheap?” “The introduction of TV in the US leads to increase in crime.” Neither topic fits particularly well with the chapters they were in.

On the otherhand, most of the stories are impressively insightful. For example, on the topic of altruism and selflessness, the author concluded that the human behaviour changes with scrutiny (knowing that they’re being watched) and is influenced by a dazzling complex of incentives, social norms, framing references, and past experiences. I couldn’t help but smile when reading about donating to public-radio stations, something that I have done often.

It may be altruistic when you donate $100 to your local public-radio station, but in exchange you get a year of guilt-free listening (and, if you’re lucky, a canvas tote bag). U.S. citizens are easily the world’s leaders in per-capita charitable contributions, but the U.S. tax code is among the most generous in allowing deduction for those contributions.

I too have enjoyed the canvas tote bag and happily claimed a hefty deduction on my tax return.

In all fairness, the book provides ordinary readers with access to serious economic discussions on supply and demand, consumer surplus, and unintended consequences that they might not find elsewhere. If there’s one thing the authors should have done, they should have added two more chapters to satisfy my curisity.


Image courtesy of Amazon.ca, used for news reporting purposes, all rights reserved.

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Kindle DX Goes Global

A while ago I wrote a review of Amazon’s Kindle digital reader when it became available in Canada.

Amazon.com recently announced that its deluxe model Kindle DX will soon become available to gadget lovers in Canada.

Like its non-deluxe sibling, Kindle DX is based on the E-Ink display technology, which draws very little power. The other features such as wireless connectivity and a built-in dictionary remain intact. Perhaps the biggest differences between the two models are in the price and the display.

Kindle DX is not cheap. Its recommended sale price is 489 US. Depending on the exchange rate, Canadians can expect to pay $550 to $600 Canadian including shipping and taxes.

The display area of the Kindle DX is expanded to 9.7″, substantially larger than the original version’s 6″. While the original was made to match the size of a trade paperback, Kindle DX the size of a magazine. The larger display area comes in especially handy for seniors who prefer larger fonts and students who read large volumes of books.

read more…

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Family Law Dictionary: Custody of Children

In family law, custody refers to the legal relationship between a parent and his or her child, including the parent’s right to make decisions on behalf of the child and the parent’s duty to care for the child and look after the child’s best interests.

In Ontario, custody is governed by the Children’s Law Reform Act.* Under the Act, in the absence of a court order or a separation agreement, the father and the mother are equally entitled equally to custody of the javascript:;child.

If the parents separate, the parent living with the child will have the rights of the custodial parent, while the custodial rights of the parent not living with the child becomes suspended until a separation agreement or court order provides otherwise.

*R.S.O. 1990, c. C.12

read more…

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Notary Public Services Available at PSWLaw

As a notary public, as well as a barrister and solicitor, I’m pleased to offer the following services:

  • Notarization
  • Commissioning affidavits
  • Authentication of documents
  • Certifying document copies and photographs
  • Statutory declaration

Costs

The costs of notary public services are $40.00 for the first document and $25.00 for each subsequent document. Taxes are not included.

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