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Gordon B. Greenwood’s Posts

USAs and Corporate Law: Letting Friends Stay Friends

In the corporate world, a “USA” is not necessarily our trading partner to the south but more commonly a Unanimous Shareholders Agreement that can help friends stay friends. It makes clear what happens when family members join the business, clarifies what happens when one of the shareholders dies and much, much more. Even best friends that create a business concept over a couple of beers, bring the concept closer to reality at a BBQ, dip into their savings to start …

Substantiating Performance Claims

The Competition Bureau recently published Volume 2 of The Deceptive Marketing Practices Digest in which they dealt with, among other things, a restatement that companies must be able to substantiate the performance claims for the products they sell so that the public will not be misled. They need to be in possession of that proof prior to making the claim. As is the case with all advertising claims, the overall impression of the advertisement or label will be taken into …

“Will You Be My Valentine?” A Lawyer’s Lighthearted Look at the Risk of Romance

Before answering this question, or asking it, we strongly recommend that you consult legal counsel.

If you are asking someone to be your valentine, that is likely an offer open to acceptance. Before extending this offer to someone you should consider whether more specificity is required such as: Will you be my valentine exclusively? If you will be my valentine does it mean that I am required to reciprocate and be your valentine in return? If the request to be …

Advertising and Marketing: Truth, Fiction or a Combination of Both?

Whether or not an ad, label or promotional material is going to be considered misleading is not always an easy thing to figure out. Is what you say on your label and in your promotional material true and verifiable? While each individual statement or picture may itself be true, it is the overall impression which is created when all of those words and images are combined that matters.

Is a testimonial a true testimonial from an independent person or does …

Regulatory Law and Cosmetics in Canada – Who Controls What?

A very simplistic answer to that question in relation to cosmetics is that the Federal Government controls their manufacture, their ingredients, their importation and their labelling. The provinces control the people who supply cosmetic services to the public, the establishments in which they are provided and the sanitation and licensing of those premises. In some jurisdictions the cosmetologists themselves may be licensed but this is not uniform across Canada.

The safety of ingredients to the environment is a Federal concern …

Commercial Law CAN Be Creative If Given The Time…

Commercial Law is the law of business but it also involves all those boring and annoying things that get in the way of business people doing what they do best: manufacturing, buying and selling their goods and services. Distribution contracts, supply contracts, protected territories, sourcing products, shipping arrangements, insurance, etc., etc., etc.! While these items don’t allow the same latitude of creativity that one has when one is inventing a product, designing packaging or finding unique ways to supply a …

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