Asset Sale vs. Share Sale – What’s the Difference?
September 30, 2024Asset Sale vs. Share Sale in Canada: Tax, Liability, and Process Compared (2025) When engaging in the purchase or sale of a privately held company, one must decide between two
Employment Considerations in Mergers and Acquisitions
August 11, 2021Employment Considerations in Mergers and Acquisitions When considering an acquisition of a Canadian business, due diligence related to employment and labour matters is critical as there are various issues that
Earn-outs
July 8, 2021Earn-Outs It is not uncommon for purchasers and sellers to disagree on the price of a business. This is especially true today in the face of economic uncertainty resulting from
Due Diligence in M&A Transactions
July 6, 2021Due Diligence in M&A Transactions What is Due Diligence? Due diligence in a catch-all term alluding to the process that buyers undertake to familiarize themselves with the business and assets
Non-competition covenants: what are they and are they enforceable?
July 6, 2021Non-competition covenants: what are they and are they enforceable? Maybe you’ve seen a non-compete clause in a recent employment contract, included one in an offer to purchase a business, or
What is a Basket and Indemnity Cap?
June 2, 2021What is a Basket and Indemnity Cap? Whenever a purchase agreement is made, the seller makes certain representations and warranties attesting that certain things are true. For example, these include
Pay Less Tax on the Sale of your Business: Understanding the Impact of Allocations to Restrictive Covenants and the s.56(4) Election
April 4, 2021Pay Less Tax on the Sale of your Business: Understanding the Impact of Allocations to Restrictive Covenants and the s.56(4) Election A restrictive covenant is essentially a commitment not to
Allocations of Purchase Price on the Sale of a Business – Be Wary of Section 68
April 4, 2021Allocations of Purchase Price on the Sale of a Business – Be Wary of Section 68 When buying or selling the assets of a business, it is important to negotiate
Tax Elections that Cancel GST/HST on the Sale of Assets
March 8, 2021Tax Elections that Cancel GST/HST on the Sale of Assets Section 156(1) of the Excise Tax Act (Asset Purchase) – Form RC4616 In our last article, we looked at Election
Tax elections on the sale of a business: Avoiding GST/HST with the filing of Election 167
March 8, 2021Tax elections on the sale of a business: Avoiding GST/HST with the filing of Election 167 When selling the supplies of a business, there are certain tax elections that one
