Business & Corporate Law Archives - Victoria Lawyers https://victorialawyers.net/category/business-corporate-law/ Victoria Lawyers, BC Canada Wed, 26 Mar 2025 16:47:51 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.2 2024 Decision Brings New Perils for Tenants: Beware the Non-Resident Landlord https://victorialawyers.net/2024-decision-brings-new-perils-for-tenants-beware-the-non-resident-landlord/ Wed, 26 Mar 2025 16:47:51 +0000 https://victorialawyers.net/?p=540 Are you sending rent payments to a non-Canadian account? Did your landlord give you overseas contact details? Do you suspect your landlord might live outside of Canada? These are red flags that you could be at risk of a nasty surprise from the Canada Revenue Agency if you haven’t been withholding 25% of the rent. […]

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Are you sending rent payments to a non-Canadian account? Did your landlord give you overseas contact details? Do you suspect your landlord might live outside of Canada? These are red flags that you could be at risk of a nasty surprise from the Canada Revenue Agency if you haven’t been withholding 25% of the rent. A tenant was found retroactively liable for over $40,000 of his landlord’s unpaid taxes, compounded interest and penalties by the Tax Court in January 2024.

To understand how this could happen, we need to look at Part XIII of the Income Tax Act, which concerns tax on Canadian income of non-residents.

THE LAW

Generally, non-residents are required to pay an income tax of 25% on any of a range of payments they receive from Canadian residents, including rent. This is an obligation on the landlord.

The issue for the tenant comes from the withholding and remittance provisions of the Act. To facilitate collection of the tax from persons who may be overseas and difficult to reach, s 215 requires the person paying the amount on which income tax is payable to withhold the amount of the tax and remit it to CRA on behalf of the non-resident person. In other words, the Act puts responsibility for paying the recipient’s tax on both the recipient and the person paying (in a tenancy, the tenant). S 215(6) makes the person paying liable to pay on behalf of the non-resident person the whole of the amount that should have been withheld.

Unfortunately, many people are unaware of this shared obligation and consequent liability.

… Read the full article here: 2024 Decision Brings New Perils for Tenants: Beware the Non-Resident Landlord

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Naming Your Corporation in British Columbia in 2024 https://victorialawyers.net/naming-your-corporation-in-british-columbia-in-2024/ Sun, 29 Dec 2024 05:05:47 +0000 https://victorialawyers.net/?p=536 Choosing the perfect name for your corporation is a critical step in establishing your brand identity and market presence. In British Columbia, Canada, there are specific rules you need to adhere to when naming a business. Understanding the naming rules is essential to ensuring compliance and to avoiding potential delays or complications in the name […]

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Choosing the perfect name for your corporation is a critical step in establishing your brand identity and market presence.

In British Columbia, Canada, there are specific rules you need to adhere to when naming a business. Understanding the naming rules is essential to ensuring compliance and to avoiding potential delays or complications in the name registration process. The rules include, but are not limited to:

UNIQUENESS

The business name must be unique and distinct from existing business entities. This requirement helps prevent confusion amongst consumers and ensures that each corporation maintains its individual identity. Before settling on a name, it is advisable to conduct a thorough search of the Provincial and Federal corporate registries (as applicable), and of the Canadian Trademarks Database, to confirm the name availability and uniqueness compared to other corporations.

DESCRIPTIVE ELEMENTS

Using descriptive terms that accurately reflect the nature of your business, and that are not misleading, are permitted. The more distinctive the name, the more likely it is to be accepted.

… Read the full article here: Naming Your Corporation in British Columbia in 2024

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Powers of Attorney https://victorialawyers.net/powers-of-attorney/ Thu, 17 Sep 2020 09:00:33 +0000 https://victorialawyers.net/?p=201 From Crease Harman Where a power of attorney is useful Financial institutions will not deal with anyone but the account holder or a properly authorized attorney (and even with a Power of Attorney it is sometimes difficult). Land title documents (property purchases, sales, and mortgage renewals) must be signed by the registered owners or a […]

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From Crease Harman

Where a power of attorney is useful

  • Financial institutions will not deal with anyone but the account holder or a properly authorized attorney (and even with a Power of Attorney it is sometimes difficult).
  • Land title documents (property purchases, sales, and mortgage renewals) must be signed by the registered owners or a person properly authorized to sign on their behalf.
  • CRA requires proper authorization from a taxpayer in order to provide information or to allow someone else to act on a taxpayer’s behalf in dealing with the CRA.

Making or changing a will by an attorney using a Power of Attorney is specifically prohibited.

Learn more about Powers of Attorney

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Crease Harman voted as one of Victoria’s Best Law Firms 2020 https://victorialawyers.net/crease-harman-voted-as-one-of-victorias-best-law-firms-2020/ Thu, 10 Sep 2020 09:00:26 +0000 https://victorialawyers.net/?p=198 As published in Victoria News, Crease Harman has been voted as one of Victoria’s top three law firms for 2020. Visit the website to learn more

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As published in Victoria News, Crease Harman has been voted as one of Victoria’s top three law firms for 2020.

Crease Harma LLP logo

Visit the website to learn more

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Part II: Can you restrict parenting due to Covid-19 concerns? Common Sense Prevails? https://victorialawyers.net/part-ii-can-you-restrict-parenting-due-to-covid-19-concerns-common-sense-prevails/ Mon, 11 May 2020 12:00:02 +0000 https://victorialawyers.net/?p=118 In the last few weeks, the Provincial Court of British Columbia has released several decisions concerning parenting issues caused by the COVID-19 pandemic. The theme is a sensible one: common sense must prevail. The presence of a risk of COVID-19 transmission alone is not enough of a reason to suspend parenting time, as it is […]

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In the last few weeks, the Provincial Court of British Columbia has released several decisions concerning parenting issues caused by the COVID-19 pandemic. The theme is a sensible one: common sense must prevail. The presence of a risk of COVID-19 transmission alone is not enough of a reason to suspend parenting time, as it is rarely possible to completely eliminate the risks presented by COVID-19.

Read the full story

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Bruce Hallsor joins a panel discussing business law for small business owners in Victoria https://victorialawyers.net/bruce-hallsor-joins-a-panel-discussing-business-law-for-small-business-owners-in-victoria/ Mon, 27 Apr 2020 00:36:19 +0000 https://victorialawyers.net/?p=115 Bruce Hallsor, Crease Harman’s managing partner, will be joining a panel discussing business law for small business owners in Victoria during COVID-19. If you’re a Victoria small business owner interested in business law, join Bruce and the rest of the panel over Zoom. Get more information

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Bruce Hallsor, Crease Harman’s managing partner, will be joining a panel discussing business law for small business owners in Victoria during COVID-19. If you’re a Victoria small business owner interested in business law, join Bruce and the rest of the panel over Zoom.

Get more information

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Part I: Can you restrict parenting due to Covid-19 concerns? https://victorialawyers.net/part-i-can-you-restrict-parenting-due-to-covid-19-concerns/ Mon, 06 Apr 2020 12:00:09 +0000 https://victorialawyers.net/?p=121 It is unquestionable that social distancing is crucial to the fight against the Covid-19 pandemic. However, can a parent restrict access to another parent because of concerns that the parent might not be practicing safe distancing? There is currently no directions in British Columbia about how to approach parenting arrangements when the practice of social […]

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It is unquestionable that social distancing is crucial to the fight against the Covid-19 pandemic. However, can a parent restrict access to another parent because of concerns that the parent might not be practicing safe distancing? There is currently no directions in British Columbia about how to approach parenting arrangements when the practice of social distancing is a concern. A recent decision by Justice A. Pazaratz in the Ontario Superior Court of Justice case of Ribeiro v. Wright, 2020 ONSC 1829 (“Ribeiro”) may provide some guidance on this issue.

Read the full story

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