Nicholas dePencier Wright, Author at Wright Business Law - Corporate & Securities Lawyer Toronto

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Real Estate Investment Trusts, or REITs, have gained considerable popularity in Canada as a tax-efficient and accessible way to invest in real estate. This article will walk through the basics of setting up a private REIT in Ontario, Canada, covering essential legal, tax, and regulatory requirements.

Section 85 of the Income Tax Act (Canada) (“ITA”) offers a valuable tax-planning tool for business owners, allowing them to transfer assets to a corporation without triggering immediate taxable gains.

One key provision under Ontario securities law that allows certain businesses to raise capital without the burden of a prospectus is the Offering Memorandum Exemption. This exemption provides an alternative route for companies seeking to raise funds through the issuance of securities, without the need to file a formal prospectus.

Real estate investment funds have become increasingly popular for those seeking diversified real estate exposure without the complexities of direct ownership. In Ontario, one of the most common and effective structures for setting up a real estate investment fund is through a limited partnership (LP) with a general partner (GP).

Launching a startup is an exciting journey, but navigating the legal landscape can be daunting for new entrepreneurs. This guide provides a roadmap for incorporating your business, protecting your intellectual property (IP), and accessing funding while ensuring compliance with Ontario laws.

Incorporating a not-for-profit organization and obtaining charitable status in Canada is a multi-step process that allows organizations to operate legally, access public funding, and gain tax benefits. Whether you are starting a community initiative, a social service organization, or a cultural project, understanding the legal requirements and the process for incorporation and obtaining charitable status is crucial.

This article examines the differences between soliciting and non-soliciting not-for-profit corporations under the Canada Not-for-Profit Corporations Act, and their practical implications.

This article explores the rules surrounding political activities by charities, the historical context, and recent changes that have expanded the space for charities to engage in advocacy.

This article explores the framework and challenges surrounding grants to non-qualified donees, recent changes in the law, and best practices for charities navigating this complex area.

Directors of corporations in Ontario play a critical role in guiding the strategy and operations of the company, ensuring compliance with laws and regulations, and protecting the interests of shareholders, employees, and other stakeholders. While directors enjoy broad powers to manage a company’s affairs, their role also comes with significant legal responsibilities and potential liabilities.

The Oppression Remedy under the Ontario Business Corporations Act (OBCA) provides a powerful legal tool for shareholders, directors, and other stakeholders in closely held corporations to protect their interests when they are unfairly treated or oppressed by the actions of those in control of the company. This legal remedy can help resolve disputes, prevent abusive practices, and ensure that corporate governance operates fairly and transparently.

When hiring workers, businesses in Canada often face the question of whether to classify an individual as an employee or an independent contractor. The distinction between these two types of workers is important for both legal and financial reasons, as it affects issues such as tax obligations, employment benefits, and legal responsibilities.

Amalgamation is a corporate restructuring process that allows two or more corporations to combine into a single legal entity. In Ontario, as in the rest of Canada, amalgamations can be governed either by federal or provincial laws, primarily the Business Corporations Act (Ontario) (OBCA) for Ontario corporations and the Canada Business Corporations Act (CBCA) for federal corporations.

With increasing globalization, many Canadians are considering moving abroad not only for career and lifestyle opportunities but also for tax-related benefits. While changing residency can yield tax advantages, the process is complex, with significant tax implications and administrative requirements.

As a growing business in Ontario, one of your most valuable assets is your Intellectual Property (IP). Whether you’re launching a new product, service, or technology, protecting your IP from the outset is crucial for maintaining a competitive edge and ensuring the long-term success of your business.

When entering into a business transaction, one of the critical decisions that both buyers and sellers must make is whether to structure the deal as an asset purchase or a share purchase. In Canada, these two types of transactions have distinct legal, financial, and tax implications, which can significantly impact both parties involved.

A shareholders’ agreement is a vital legal document that can help prevent disputes, clarify the rights and obligations of shareholders, and provide mechanisms for resolving conflicts. This post will discuss the importance of a shareholders’ agreement, the key provisions typically included, and how it helps protect the interests of all shareholders.

In Ontario, as in much of Canada, securities laws are highly regulated, and the role of a finder can be complex. This post will cover what it means to be a finder, the rules governing finder activities, and how Ontario securities laws apply to different scenarios.

Setting up a professional corporation in Ontario is an excellent way for licensed professionals—such as lawyers, doctors, accountants, architects, and engineers—to manage their practice, gain tax advantages, and limit personal liability.

Ontario’s Friends, Family, and Close Business Associates (“FFBA”) exemption offers a flexible and practical path for certain issuers to raise capital from individuals within their trusted networks. This exemption allows companies to raise funds from personal connections without going through the costly and complex process of filing a prospectus, making it particularly valuable for startups and small businesses looking to leverage existing relationships for initial financing.

Estate freezes are a popular tax-planning tool in Canada, particularly among business owners and high-net-worth individuals seeking to preserve family wealth and efficiently transfer assets to the next generation. Through an estate freeze, individuals can lock in the current value of their assets, allowing future growth to accrue to others (typically family members) while deferring or minimizing tax liabilities.

Going public in Canada can be a strategic step for companies seeking access to capital and increased visibility in the marketplace. For smaller companies using a reverse takeover (RTO) of a Capital Pool Company (CPC) on the TSX Venture Exchange (TSX-V) is an efficient and accessible route to achieve this. This article will walk you through how the process works, the advantages, and the essential steps involved.

The Ontario Accredited Investor Exemption is one of the most important provisions under Ontario securities law, enabling certain individuals and entities with sufficient financial resources to participate in investments not typically available to the general public. This exemption allows qualified investors to purchase securities without the protection of a prospectus, which reduces regulatory barriers for companies raising capital but also increases risk for investors.

An Exempt Market Dealer (EMD) is one type of securities dealer that operates in the exempt market, where certain securities may be sold without the requirement to file a prospectus. The exempt market is attractive to entrepreneurs and businesses as it enables them to access capital more flexibly than through traditional public offerings.

Mortgage Investment Corporations (MICs) have become a popular investment vehicle in Ontario and across Canada. They offer a unique way to invest in real estate-backed mortgages while providing investors with a regular income stream and tax advantages. Whether you’re an investor, a lawyer, or a financial professional, understanding the steps and regulations involved in forming a MIC is essential.

This article outlines the taxation rules for non-residents, with a special focus on the treatment of active business income.

Exempt market offerings are an essential part of the capital-raising landscape for companies in Ontario and across Canada.

The Limited Partnerships Act (Ontario) is a piece of legislation that allows for the creation of limited partnerships with the characteristics of a general partnership but without joint and several liability for certain ‘limited’ partners.