Entries by Brian Beitz

THE CONTINUUM FROM EMPLOYEE TO CONTRACTOR – Published on Bartalk

By Claire Pagé Originally published in BarTalk on June 1, 2019 INDEPENDENCE IS IN THE EYE OF THE BEHOLDER Most business principals assume they know the difference between an employee and an independent contractor and often hire one or the other to provide services required. It is critical to maintain boundaries in an arrangement involving […]

Recent Judgment Impacts the Ownership of Reproduction

A recent judgment of the Ontario Supreme Court, SH v. DH, 2018 ONSC 4506 (“SH”), has set an interesting precedent regarding embryos as property in a divorce when the couple has no biological connection to the embryo. Del Frate J., writing for the court, ultimately sided with the respondent wife while considering aspects of family […]

BC’S REGULATORY FRAMEWORK FOR CANNABIS – Published on BarTalk

https://www.cbabc.org/BarTalk/Features/In-this-Issue/April-2017/Canada-v-Fairmont-Hotels-Inc LOCAL GOVERNMENT’S ROLE IN RETAIL Abattle of wills ensued in Langford, BC recently, as a local business owner fought to keep his medical cannabis dispensary open despite the municipality’s refusal to grant him a business license (and frequent police raids). The business owner’s position was simple: people need the product and it will be […]

CANADA V. FAIRMONT HOTELS INC. – Published on BarTalk

https://www.cbabc.org/BarTalk/Features/In-this-Issue/April-2017/Canada-v-Fairmont-Hotels-Inc COURTS NO LONGER INDEMNIFYING LAWYERS FOR ERRONEOUS TAX ADVICE In recent years, rectification has become a useful tool for correcting mistakes that create unintended tax consequences for taxpayers. In December, however, the Supreme Court of Canada released two decisions that greatly restrict the application of rectification and could prove costly for lawyers. Rectification is […]