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Downtown Eatery (1993) V. Ontario
''Downtown Eatery (1993) v. Ontario'' was a case brought to the Court of Appeal for Ontario pertaining to the structure of business hierarchies and relationships as a form of creditor proofing business assets, and specifically the common employer doctrine. It considered the oppression remedy of the Business Corporations Act. In January 2002, an application for leave to appeal the decision at the Supreme Court of Canada was dismissed. Background In December 1992, Joseph Alouche was hired as manager for a strip club in Toronto named For Your Eyes Only on King Street West. The strip club was owned by Herman Grad and Ben Grosman, who also owned the nightclub The Landing Strip on Carlingview Drive. The contract stipulated that Alouche would receive the health care and insurance benefits from an unnamed sister organization. His paycheques were sent by Best Beaver Management Inc., a company also owned by Grad and Grosman. The ownership structure of For Your Eyes Only was complex. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal For Ontario
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice. Description The Court is composed of 22 judicial seats, in addition to one or more justices who sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in ''Halpern v Canada (AG)'' that found defining marriage as between one man and one woman to violate Section 15 of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Counterclaim
In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against the plaintiff, the defendant’s claims are “counterclaims.” Examples of counterclaims include: * After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed). * Two cars collide. After one person sues for damage to his/her car and personal injuries, the defendant counterclaims for similar property damage and personal injury claims. United States In U.S. federal courts, counterclaims can arise on various occasions, including e.g.: *an attempt by the defendant to offset or reduce the amount/implications of the plaintiff's claim; *a different claim by the defendant ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Carswell (publisher)
Carswell is a Canadian source of information services to legal, tax & accounting, and human resource professionals. Founded in 1864, it is a part of the professional division of Thomson Reuters. Modern day Carswell offered products, services, customized training and technical support to practitioners and organizations across Canada and beyond. Headquartered in Toronto, Ontario, Carswell provided products and services in a range of formats, including books, looseleaf services, journals, newsletters, CD-ROMs and online products. Les Éditions Yvon Blais, a specialized legal publisher in the Quebec market, has been part of Carswell since 1996. Lexpert, Canada's leading source of news and information about the business of law, was acquired in 2004 then subsequently sold in 2019 to HAB Press, a division of Key Media. The Cyberbahn Group, a leading provider of corporate and commercial searches, company registrations, and litigation services in Canada, joined Carswell in 2008 and was lat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Piercing The Corporate Veil
Piercing the corporate veil or lifting the corporate veil is a legal decision to treat the rights or duties of a corporation as the rights or liabilities of its shareholders. Usually a corporation is treated as a separate legal person, which is solely responsible for the debts it incurs and the sole beneficiary of the credit it is owed. Common law countries usually uphold this principle of separate personhood, but in exceptional situations may "pierce" or "lift" the corporate veil. A simple example would be where a businessman has left his job as a director and has signed a contract to not compete with the company he has just left for a period of time. If he sets up a company which competed with his former company, technically it would be the company and not the person competing. But it is likely a court would say that the new company was just a "sham" or a "cover"; and that as the new company is completely owned and controlled by one person that the former employee is deliberately ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bad Faith
Bad faith (Latin: ''mala fides'') is a sustained form of deception which consists of entertaining or pretending to entertain one set of feelings while acting as if influenced by another."of two hearts ... a sustained form of deception which consists in entertaining or pretending to entertain one set of feelings, and acting as if influenced by another; bad faith", ''Webster's Dictionary'', 1913 It is associated with hypocrisy, breach of contract, affectation, and lip service. It may involve intentional deceit of others, or self-deception. Some examples of bad faith include: Soldiers waving a white flag and then firing when their enemy approaches to take prisoners (cf. perfidy); a company representative who negotiates with union workers while having no intent of compromising;"Bad Faith Negotiation," Union Voice a prosecutor who argues a legal position that he knows to be false; an insurer who uses language and reasoning which are deliberately misleading in order to deny a cl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shell Company
A shell corporation is a company or corporation that exists only on paper and has no office and no employees, but may have a bank account or may hold passive investments or be the registered owner of assets, such as intellectual property, or ships. Shell companies may be registered to the address of a company that provides a service setting up shell companies, and which may act as the agent for receipt of legal correspondence (such as an accountant or lawyer). The company may serve as a vehicle for business transactions without itself having any significant assets or operations. Shell companies are used regularly for tax evasion, tax avoidance, money laundering, or to achieve a specific goal such as anonymity. Anonymity may be sought to shield personal assets from others, such as a spouse when a marriage is breaking down, from creditors, or from government authorities. Shell companies can have legitimate business purposes. They may, for example, act as trustee for a trust, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employment Standards Act
The ''Employment Standards Act, 2000'' (the Act) is an Act of the Legislative Assembly of Ontario. The Act regulates employment in the province of Ontario, including wages, maximum work hours, overtime, vacation, and leaves of absence. It differs from the ''Ontario Labour Relations Act'', which regulates unionized labour in Ontario. Act coverage The Act sets out the minimum standards that employers and employees must follow in regards to: * Continuity of employment * Payment of wages * Records * Hours of work and eating periods * Overtime pay * Minimum wage * Public holidays * Vacation with pay * Equal pay for equal work * Benefits plans * Leaves of absence (Pregnancy Leave, Parental leave Parental leave, or family leave, is an employee benefit available in almost all countries. The term "parental leave" may include maternity, Paternity (law), paternity, and adoption leave; or may be used distinctively from "maternity leave" an ..., Family medical leave, Organ donor lea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of British Columbia
Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-era singer group * Supreme Pictures Corporation, 1930s film company Other * Supreme (brand), a clothing brand based in New York * Supreme (cookery), a term used in cookery * Supreme, Louisiana, a census-designated place in the United States * Supreme Soviet, the highest legislation body of Soviet Union, dissolved in 1991 * Oldsmobile Cutlass Supreme, car produced by Oldsmobile between 1966 and 1997 * Plaxton Supreme, British coach bodywork built in the late 1970s and early 1980s See also * Supreme Records (other), several record labels * Supremo (other) Supremo may refer to: * ''Supremo'' (film), a 2012 Filipino biographical film about Andrés Bonifacio * ''Supremo'' (album), a 2011 album by Chino y Nacho * Supremo (c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tracing (law)
Tracing is a legal process, not a remedy, by which a claimant demonstrates what has happened to his/her property, identifies its proceeds and those persons who have handled or received them, and asks the court to award a proprietary remedy in respect of the property, or an asset substituted for the original property or its proceeds. Tracing allows transmission of legal claims from the original assets to either the proceeds of sale of the assets or new substituted assets. Tracing ordinarily facilitates an equitable remedy, and is subject to the usual limitations and bars on equitable remedies in common law countries. In many common law countries, there are two concurrent processes, tracing at common law and tracing in equity. However, because the right to trace at common law is so circumscribed, the equitable process is almost universally relied upon, as equitable tracing can be performed into a mixed fund. Illustrations "Tracing is thus neither a claim nor a remedy. It is mer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estoppel
Estoppel is a judicial device in common law legal systems whereby a court may prevent or "estop" a person from making assertions or from going back on his or her word; the person being sanctioned is "estopped". Estoppel may prevent someone from bringing a particular claim. Legal doctrines of estoppel are based in both common law and equity. It is also a concept in international law. Types of estoppel There are many different types of estoppel which can arise, but the common thread between them is that a person is restrained from asserting a particular position in law where it would be inequitable to do so. By way of illustration: * If a landlord promises the tenant that he will not exercise his right to terminate a lease, and relying upon that promise the tenant spends money improving the premises, the doctrine of ''promissory estoppel'' may prevent the landlord from exercising a right to terminate, even though his promise might not otherwise have been legally binding as a co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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