<![CDATA[Grad Law Professional Corporation

<![CDATA[Grad Law Professional Corporation - Blog]]>Tue, 28 May 2024 14:32:02 -0700Weebly<![CDATA[Making a Will When you have Foreign Assets]]>Mon, 20 Feb 2023 23:27:55 GMThttp://gradlaw.ca/blog/making-a-will-when-you-have-foreign-assets

Making a Will When you have Foreign Assets
Many Canadians have assets in other provinces and in other countries. Whether its a winter home in Florida, a cottage in Quebec, or a bank account in Europe, you want to ensure that your will is sufficient to cover your assets outside the Province of Ontario. Foreign jurisdictions may not accept your Ontario will or other estate planning documents.

A common solution is to make multiple wills for different provinces and countries. You should consult a lawyer licensed to practice in those jurisdictions to ensure that your will complies with local laws.

We can guide you through the issues related to foreign property. Reach out to us by phone or email for a complimentary consultation about your estate planning goals.

]]><![CDATA[Consider a "Henson Trust" to provide for a disabled beneficiary:]]>Mon, 20 Feb 2023 22:18:57 GMThttp://gradlaw.ca/blog/consider-a-henson-trust-to-provide-for-a-disabled-beneficiary

Consider a "Henson Trust" to provide for a disabled beneficiary
Important information to consider about "Henson Trusts":

The trustee has full discretion over trust property and payments to the beneficiary;
The beneficiary cannot force the trustee to make payments out of the trust and cannot unilaterally dissolve the trust;
Since the beneficiary has no entitlement to receive property from the trust, the trust is not generally treated as an asset of the beneficiary;
Therefore, this type of trust is an effective way to provide for a disabled person without jeopardizing their eligibility for social assistance benefits.

To determine if a "Henson Trust" is appropriate in your circumstances, reach out to us by phone or email for a complimentary consultation.

]]><![CDATA[Is Mediation Right for My Divorce?]]>Mon, 20 Feb 2023 08:00:00 GMThttp://gradlaw.ca/blog/is-mediation-right-for-my-divorce

Is Mediation Right for My Divorce?
Mediation can be an affordable and effective alternative to litigating your divorce issues. It is non-binding, meaning that the mediator cannot force a solution on the parties. Instead, the mediator will help the parties to assess their legal positions and the potential outcomes if the parties go to trial. Divorce is often an emotionally charged experience which can be a barrier to resolving the matter in a timely and affordable manner. But, a good mediator can help find common ground between the parties and focus their attention on finding a solution. When choosing a mediator, consider the following:

Cost and Availability: Its important to select a mediator who is available when needed and is within your price range;
Experience: You want to choose a mediator who specializes in family law matter and is familiar with the types of issues that are commonly encountered in divorce cases;
Reputation: Ask for recommendations from family, friends, and your lawyer. Ultimately, you want a mediator with a reputation for being fair and impartial.

Keep in mind that mediation will only work if both sides actually want to reach a resolution. If one side seeks to "destroy" the other, then mediation may not be the right alternative. To determine if mediation is appropriate in your circumstances, reach out to us by phone or email for a complimentary consultation.

]]><![CDATA[EXPRESS ENTRY PROOF OF FUNDS]]>Wed, 17 Nov 2021 20:57:10 GMThttp://gradlaw.ca/blog/express-entry-proof-of-funds

Certain skilled immigrants must show that they have sufficient funds to settle in Canada.

Express Entry candidates invited to apply for permanent residency under the Federal Skilled Worker and Federal Skilled Trades programs are required to show proof of funds unless they are currently authorized to work in Canada and have a valid job offer from an employer in Canada.
The proof comes in the form of official letters from any bank or financial institution where the applicant keeps money which list all current bank and investment accounts as well as any outstanding debts.

The table below shows the minimum amount required:

Number of family members   Funds required (in Canadian dollars)
1 $13,213
2 $16,449
3   $20,222
4   $24,553
5   $27,847
6   $31,407
7   $34,967
For each additional family member $3,560

Note that if a candidate applying under the Canadian Experience Class program does not have to show proof of funds.
To find out if express entry is right for you, reach out to us at info@gradlaw.ca, Facebook messenger, or visit us at www.gradlaw.ca.

*The above information is meant for general education purposes and is not legal advice nor does providing this information establish a lawyer-client relationship. For legal advice particular to your needs, please contact our office to speak with one of our licensed immigration lawyers.

]]><![CDATA[EXPRESS ENTRY – WHAT IS IT AND HOW DOES IT WORK?]]>Thu, 02 Sep 2021 18:43:05 GMThttp://gradlaw.ca/blog/express-entry-what-is-it-and-how-does-it-work

It is very common for potential immigrants to Canada to request our advice about the “Express Entry Visa.” However, to refer to Express Entry in this way is not quite accurate. Express Entry is not a visa. Rather, it is an online, expedited system through which skilled workers can obtain the right to work in Canada and gain permanent residence.

The Express Entry system manages applications for three different federal immigration programs, as follows:

Federal Skilled Worker Program is for workers with foreign skilled work experience who score at least 67 points on their Express Entry profile. Points are determined based on factors such as age, education level, work experience, having a job offer, having English and/or French language skills, among other things.

Federal Skilled Trades Program is for foreign nationals with qualifications and experience in a skilled trade. Candidates must have at least two years of paid full-time experience in the last five years before applying, have a job offer for full-time employment for one year, and meet the language requirements.

Canadian Experience Class Program is for workers with at least one year of skilled work experience in Canada during the last three years before applying. Candidates for this program must also satisfy language requirements.

Eligible applications for the above programs are placed in pool. Candidates with the highest scores are later invited to apply for permanent residence. The Express Entry process can take as little as 6 months. The application fee for permanent residence as of the time of this writing (August, 2021) is $1,325.00 for the main applicant, $1,325.00 for a spousal application, and $225.00 for a dependent child.

To find out if express entry is right for you, reach out to us at info@gradlaw.ca, Facebook messenger, or visit us at www.gradlaw.ca.

*The above information is meant for general education purposes and is not legal advice nor does providing this information establish a lawyer-client relationship. For legal advice particular to your needs, please contact our office to speak with one of our licensed immigration lawyers.

]]><![CDATA[IMPORTANT FACTS ABOUT THE IELTS TEST FOR CANADA]]>Wed, 01 Sep 2021 22:05:05 GMThttp://gradlaw.ca/blog/important-facts-about-the-ielts-test-for-canada

If you want to study or immigrate to Canada, then you must complete the IELTS for Canada. IELTS stands for International English Language Testing System and is designed to test the proficiency of non-native speakers. Here are some facts to keep in mind:

1. There are Two Types of IELTS for Canada

The type of IELTS test you choose depends on your reason for coming to Canada. The IELTS General Training is geared towards graduates and skilled workers looking to pursue employment in Canada through Express Entry, the Provincial Nominee Program, and for some study programs (usually vocational training programs).

The IELTS Academic version is appropriate for international students seeking to study at the undergraduate or postgraduate level.

2. How does it work?

The IELTS tests you on listening, reading, writing, and speaking English. You will receive a score for each of those sections ranging from 1 to 9. A score of 9 is the best score one can get.

3. Ideal Score

On the IELTS General Training, you will want to score at least 6 to be competitive. However, some provinces will accept a lesser score for their nominee programs.

On the IELTS Academic version, many of Canada's top universities will want you to score at least 6.5 overall and no lower than 6 in any individual section. However, you should check the IELTS requirements of the institution you wish to attend.

To find out your legal options to enter and study in Canada, reach out to us at info@gradlaw.ca, by messenger, or by visiting us at www.gradlaw.ca.

*The above information is meant for general education purposes and is not legal advice nor does providing this information establish a lawyer-client relationship. For legal advice particular to your needs, please contact our office to speak with one of our licensed immigration lawyers.

]]><![CDATA[8 REASONS WHY INTERNATIONAL STUDENTS CHOOSE CANADA]]>Sat, 31 Jul 2021 14:55:52 GMThttp://gradlaw.ca/blog/8-reasons-why-international-students-choose-canada

There are over 530,000 international students presently enrolled in educational programs across Canada. Many of those international students choose Canada over other options because of the unique set of advantages the country has to offer. Here are 8 reasons why studying in Canada might be right for you:

1. Tuition Fees in Canada are usually lower than in many other countries.

2. International students can work for up to 20 hours per week during regular school semesters and can work full-time during scheduled breaks such as summer holidays and reading week.

3. International students can bring their children with them to Canada. Their children can attend elementary or secondary school without the need for a study permit of their own.

4. The spouse of an international student may also come to Canada and may obtain an open work permit allowing the spouse to work.

5. Canadian educational institutions are known for their quality degree, certificate, and diploma programs. In fact, several Canadian universities consistently rank among the best in the world according to QS World University Ranking.

6. Canada provides pathways to permanent residence for students and graduates that have completed their studies.

7. International Students who have graduated can gain valuable Canadian work experience for up to 3 years on an open post-graduation work permit.

8. Canada has a very low crime rate and is generally regarded as one of the safest countries in the world.

To find out your legal options to enter and study in Canada, reach out to us at info@gradlaw.ca, by messenger, or by visiting us at www.gradlaw.ca.

*The above information is meant for general education purposes and is not legal advice nor does providing this information establish a lawyer-client relationship. For legal advice particular to your needs, please contact our office to speak with one of our licensed immigration lawyers.

]]><![CDATA[WHY INDIAN TALENT IS INCREASINGLY CHOOSING CANADA]]>Sat, 31 Jul 2021 14:21:24 GMThttp://gradlaw.ca/blog/why-indian-talent-is-increasingly-choosing-canada

Since the late 20th century, India has been a large source of immigration to Canada. By 2017, India became the highest source country with the number of annual permanent residents increasing from 30,915 in 2012 to 85,585 in 2019.

Similarly, Indian immigrants make up a significant percentage of the foreign-born population in the United States. But the US government’s archaic immigration policies, particularly with respect to H-1B visas, and the massive backlog in processing green card applications are some of the reasons India’s talent pool is increasingly looking north.

The trend has clearly caught the attention of US lawmakers. On July 13, 2021, the House of Representatives Subcommittee on Immigration and Citizenship held a hearing to address the fact that outdated US immigration policies are pushing top talent to other countries, and particularly to Canada.

Meanwhile, the Canadian government has plans to increase the annual number of immigrants to over 400,000. If current trends continue, Indian applicants will be the primary beneficiaries of such an increase. In general, Canada’s immigration policies pose fewer hurdles for potential immigrants than those of the United States and often on more favourable timelines.   For example, applications through the Express Entry system, which is a points-based program for permanent residence that is very popular among Indian applicants, are often processed within 6 months according to Immigration, Refugees and Citizenship Canada (IRCC).

To find out your legal options to enter and immigrate to Canada, reach out to us at info@gradlaw.ca, by messenger, or by visiting us at www.gradlaw.ca.

*The above information is meant for general education purposes and is not legal advice nor does providing this information establish a lawyer-client relationship. For legal advice particular to your needs, please contact our office to speak with one of our licensed immigration lawyers.

]]><![CDATA[EXPRESS ENTRY CANDIDATES NOW HAVE 60 DAYS TO APPLY FOR PERMANENT RESIDENCE IN CANADA]]>Thu, 22 Jul 2021 18:35:25 GMThttp://gradlaw.ca/blog/express-entry-candidates-now-have-60-days-to-apply-for-permanent-residence-in-canada

Express Entry is an online system Canada uses to manage applications from skilled workers. Candidates must first determine their eligibility, gather the required documents and submit their profiles for consideration.

They are then ranked in the Express Entry pool using a points system. Age, level of education, proficiency in English and French, and Canadian Work experience, among other things, will increase your point total.

Candidates with the highest scores in the pool will receive invitations to apply.

Those candidates that received invitation to apply on or after June 29, 2021 must apply for permanent residence within 60 days. The previous deadline of 90 days still applies to invitations made before June 29, 2021.

The new 60 days requirement seems like a hardship but may actually be a benefit as it may speed up the immigration process for thousands of candidates. In addition, IRCC (Immigration, Refugees and Citizenship Canada) data suggest that the majority of Express Entry candidates apply within two months from their invitation. So, for them, this change will at worst, have no effect.

Canada is focused on growing its population through a variety of immigration programs geared towards those with in-demand skills. Express Entry is the flagship program for this policy.

To find out if express entry is right for you, reach out us at info@gradlaw.ca, Facebook messenger, or visiting us at www.gradlaw.ca.

*The above information is meant for general education purposes and is not legal advice nor does providing this information establish a lawyer-client relationship. For legal advice particular to your needs, please contact our office to speak with one of our licensed immigration lawyers.

]]><![CDATA[Legal Myths Blog: Incorporation protects shareholders from personal liability]]>Fri, 21 Feb 2020 20:46:39 GMThttp://gradlaw.ca/blog/legal-myths-blogMyth: Incorporation protects shareholders from personal liability
Incorporating a business means that your sole proprietorship or partnership becomes its own legal entity. The corporation is separate from the individuals that own it, also known as shareholders. An important characteristic of this separation is that if the corporation loses a lawsuit or incurs other debts, the shareholder cannot lose more than what he or she invested into the company. This means that none of the other shareholders’ personal assets, such as real estate, bank accounts, cars, etc. are up for grabs.
So, because Canadian law gives shareholders immunity for corporate liabilities, it is not actually a myth to say that Incorporation protects shareholders from personal liability. But of course, there is a catch. A shareholder is guaranteed to enjoy this immunity only if he or she remains just a shareholder. Once a shareholder becomes a directing mind of the corporation, that is when he or she may become personally liable. Here are four ways it could happen:

Piercing the Corporate Veil
Some a corporation is set up as a sham, meaning that it is not really a separate entity. An indication that a corporation might be sham is when a sole shareholder comingles corporate funds with his or her own personal funds or is otherwise operating the business as if the corporation didn’t exist.   When a sham corporation engages in fraudulent or improper conduct, a court may find personal liability on the part of a directing mind, usually an officer, director or shareholder (collectively, the “Principals”) of the corporation. This situation is called piercing or lifting the corporate veil and typically affects closely held corporations owned by one or just a few individuals.

Oppression
The Canada Business Corporations Act gives courts very broad range to make “any interim or final order it thinks fit” to remedy corporate behaviour that “unfairly disregards the interests” of a creditor. Similar language is in the Ontario Business Corporations Act. Know as the oppression remedy, it may also lead to personal liability against . However, the oppression remedy does not actually require any fraudulent conduct, bad faith, or personal benefit to accrue. In other words, the court can enforce, not just what is narrowly legal, but also what is fair given the particular business realities of the situation.

Canada Revenue Agency
One of the functions of the Canada revenue Agency (CRA) is to collect taxes from taxpayers and it has extensive powers to do so.   When the CRA cannot collect directly from the corporation, it may enforce against the assets or the corporation’s principals. This is most common with unremitted GST/HST and payroll deductions. If the principal still fails to pay the overdue amounts, the CRA can garnish the principal’s wages, place liens on his or her assets, and freeze bank accounts among other things.

Franchises
Sometimes, the corporate veil comes pre-pierced. Ontario’s franchise laws provide a good example. The Arthur Wishart Act addresses the Franchisor’s obligation to provide adequate disclosure about the franchise to properly inform the Franchisee. If a franchisee incurs losses because of a franchisor’s failure to disclose, the franchisee has the right to sue not only the franchisor (which is often a corporation), but also the franchisor’s associate. The Act defines “franchisor’s associate” as any person who controls the franchisor. The franchisee automatically has this option and does not have to meet the requirements of the oppression remedy or piercing the corporate veil.

Conclusion
The short answer is yes, shareholders are protected from corporate liabilities. However, as we know from the examples above, this protection has its limits. If the shareholder actually controls the corporation, there are many different ways he or she may become liable for the debts and liabilities of the corporation.

The above information is for educational purposes only and is not to be construed as legal advice. It may not be applicable in your particular circumstances.   Consult with a lawyer or contact our office by calling 905-605-5100 or emailing info@gradlaw.ca to book an appointment.]]>