At Sodagar & Company, we offer a range of commercial lease services. We provide experienced representation in commercial real estate and commercial office leasing transactions. With in-depth knowledge of matters of real estate law, our team understand the commercial leasing needs and issues faced by commercial property owners and business tenants. The commercial leasing services that we provide, include the…

The World Intellectual Property Organization (WIPO), defines intellectual property as creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. These creations can be, for example, inventions, literary works, artistic works, designs, symbols, names, images, logos, and many more. Intellectual property law serves to protect the creators of the various…

The correct formation of a business is a crucial consideration at the start of a new business venture. Often how a business is initially structured will significantly impact the business going forward. Whether you are a small business looking to incorporate or a medium to large organization looking to restructure your corporation, at Sodagar & Company we have the expertise…

Confidentiality Agreements or Non-Disclosure Agreements (NDAs) are agreements used by parties to identify confidential materials or knowledge the parties wish to share with one another for certain purposes, but also wish to restrict access and maintain confidences. The use of an NDA creates a contractual relationship between the parties which the parties can use to enforce in the event there…

For most acquisitions, the initial consideration is how to best structure the business transaction. One option is the purchase of all of the shares of the target corporation. A share purchase transaction has several advantages from a seller’s perspective. Those advantages include (subject to the terms and conditions of the underlying share purchase agreement): Relieving the seller from the majority…

At Sodagar & Company, we understand business. The ability to plan, manage and execute a business transaction is a valued skill; having the experience and track record and understanding clients’ needs is vital. Sodagar & Company’s business law practice pools together these elements to provide our clients with strategic advice and efficient service to ensure the delivery of practical and…

In today’s digital age, information can be disseminated within seconds. Confidentiality and Non-Disclosure Agreements are therefore used in circumstances when you wish to convey something valuable about your business or idea, but still want to ensure that the other side doesn’t steal the information or use it without your approval. Confidentiality/ Non-Disclosure Agreements are used in: Disclosing valuable aspects of…

In today’s technology, media and internet age, the sale or purchase of a business invariable has intellectual property components that are often overlooked. Proper identification and valuation of intellectual property is very important as it will have benefits for both the sellers and purchasers of the business. The value of intangibles such as intellectual property as a proportion of a…

At Sodagar & Company, we understand that it can take months or even years to create your masterpiece. In Canada, the Copyright Act affords copyright protection for digital media, television, photographs, music, video games and apps. The Copyright Act provides an incentive for the creation of artistic works by rewarding authors and artists with a set of exclusive rights –…

At Sodagar & Company, we understand that when negotiating a copyright license it is easy to be focused only with the monetary issues and determining the scope of the license. After all, royalties, payments, and defining the field of use for the license are important features of the license. That is why we are there to assist with the aspects…

In Canada, copyright protects original creative works. Copyright protection is usually found in the following categories of works: literary, dramatic, musical and artistic as well as performer’s performances, sound recordings and communication signals. Owning the copyright to a work allows you to prevent others from producing or reproducing all or a substantial part of your work in any form without…

In today’s information and technology age, trade-marks are becoming increasingly the most valuable assets of company’s and businesses. As such, trade-mark licensing, including promotional or product licensing and franchise licensing, are effective tools for trade-mark owners to capitalize on such assets. Trade-mark licenses are therefore an effective tool to maximize brand exposure and revenue through use of a trade-mark by…

Canada recognizes common-law trade-mark rights based on use, including actions for passing off. In addition, Canada has a federally enacted Trade-marks Act that provides additional remedies, including remedies for passing off. The Trade-Marks Act permits a party to sue for: false and misleading statements that tend to discredit the business, goods or services of a competitor; passing off; and descriptions of…

Trade-mark applications in Canada, once accepted by the relevant trade-mark office, are open to opposition by third parties. In Canada, any person is entitled to start an opposition to a trade-mark, provided that such person relies on at least one of the grounds of opposition set out in Section 38 of the Trade–marks Act   Grounds of Opposition   Unlike…

In today’s digital and social media age (Facebook, Twitter, Instagram, Pintrest), consumers’ purchasing decisions are influenced by trade-marks and the reputation such brands represent. Often a single brand or logo, trade-marks can convey messages about you, your company, and your company’s reputation, products and services. Trade-marks are also your marketing tool, distinguishing your products and/or services from the rest of…

In its most basic form, a partnership agreement is an agreement between two or more parties and provides for an understanding of the business relationship that you have with your partners in your business. The partnership agreement will detail how the business profits will be divided amongst the partners, the rights and responsibilities of the partners, the procedures to take…

A Joint Venture (JV) is a contractual agreement entered into by two or more business entities for the purpose of a specific project or other business activity. Typically, all parties agree to share in the profits or losses of the business venture. Often the parties to the joint venture enterprise will create a separate business entity such as a corporation or…

The management of commercial real estate is of strategic importance and can provide the foundation for future growth for commercial landlords. With Canada’s economic growth on the rise, finding suitable commercial landlords or tenants ought to be the main objective of your business and project management to be our objective for you. Often at the heart of commercial tenancy is…

Your business formation is often the crucial first step towards starting and operating your successful business. At Sodagar & Company, we take the time to understand the nature of your business and help you achieve your objectives and goals. We provide strategic advice you help you in understanding the advantages and disadvantages of one type of business formation over another.…

Commercial contracts are legally binding agreements between two or more parties. The contracts usually stipulate the expected behavior between these parties in a commercial setting. Most commercial contracts are usually in written form and contain provisions for what each party or parties are to do, in short, the objective of a commercial contract is to capture the business objectives of…

Purchase or sale of a business is a complicated process for which experienced legal counsel is essential.  When representing clients in such transactions, we start the process by learning as much as possible about their objectives in the transaction in order to advise them on a comprehensive set of issues ranging from business matters and financial risks to legal hurdles. …

Employment Contracts   Some employees are hired pursuant to a verbal contract of employment. For others, the terms of the contract are set out in a formal agreement. Written or oral, the agreement between employer and employee is a contract. If some terms of the agreement are uncertain, then basic rights and obligations are implied at law. In addition, all…

At Sodagar & Company, we can assist you with incorporating both federally and provincially to suit your business needs. Incorporating provincially means you will be a British Columbia or other provincial corporation.  You will be limited to doing business within the province in which you incorporated in, and your company will be have to comply with the applicable provincial rules…

At Sodagar & Company, we have a wide range of experience advising small to large businesses including business owners, family owned businesses and privately held corporations. We advise clients from all industries with an emphasis on professional businesses (doctors, lawyers, dentists, engineers, accountants, realtors etc.), retail businesses, franchise businesses, restaurant businesses and real estate development companies. There are several types…

At Sodagar & Company, we recognized early on that Canada has wide business appeal internationally. We provide strategic advice to international and US clients wanting to establish a presence in Canada. While there are many legal business structures available to foreign businesses wishing to conduct business in Canada, corporations are often the preferred vehicle for most businesses. Foreign businesses can…

Contesting a will involves challenging the legal validity of a will.  There are numerous reasons why a will may be contested: not being properly signed not being witnessed coercion and/or fraud Depending on the claim being made, it is up to the probate court to settle the dispute.  We assist our clients and are experienced in negotiating, mediating and ultimately…

Estate planning is often overlooked by many.  When you create a will, it’s a great time to think about other estate planning tools to ensure that your wishes are carried out while you are still alive.  At Sodagar & Company we help you make the decisions that matter.  We offer advice as to how to move your assets to your…

At Sodagar & Company we understand that life is busy and you may not always be accessible.  Providing a trusted one with a power of attorney allows them authorization to act on your behalf in a number of circumstances relating to your affairs, business, and legal matters (not all).  The individual acting on your behalf, while referred to as your…

Having a will prepared is one of the most simple and effective things you can do for your loved ones.  Estate planning is not always the most pleasant of tasks and that’s why our team at Sodagar & Company is here to help.  Working with an estate lawyer who is knowledgeable and familiar with the laws that ultimately protect your…

It doesn’t take a lot of speed or a hard impact to cause injury which can manifest itself both physically and mentally.  Your health always comes first, and at Sodagar & Company we want to ensure that you are compensated fairly to be able to make the necessary arrangements for your health and your family after an accident.  The team…

Canada is a growing country, with a landmass greater than that of the United States of America with one tenth of its population, Canada’s recent major surges both in population and economic activity have translated into exponential growth in all aspects of real estate, including commercial and consumer needs in homebuilding, industrial development or commercial and retail services. From development,…

Complex issues exist in every construction project, and development project participants rely on Sodagar & Company to help mitigate risk and ensure successful project completion. As part of our construction law services, we provide advice to owners, developers, investors, lenders and contractors in connection with construction of real estate projects. As a part of your team, we efficiently identify issues…

Deals involving office buildings, retail locations, high-density condo projects, and industrial lands have been booming in British Columbia for a few decades. Given the vibrant business market that exists on the west coast, leasing commercial has become an integral part of most business transactions.  At Sodagar & Company, we represent both tenants and landlords. We prepare offers to lease, lease…

At Sodagar & Company, we have a varied range of expertise in the most complex financing structures. We assist in securing conventional financing from an impressive category of lenders and borrowers and to structure tailored credit facilities. We work with the leading financial institutions in Canada as well as private domestic and foreign lenders to enhance their offering to clients…

A contract is a written or oral agreement, between two or more parties, that creates an obligation to do (or not do) a particular thing, that is intended to be enforceable by law. A breach of contract is a failure, without legal excuse, to perform any promise or obligation that forms all or part of the contract.  This includes failure…

At Sodagar & Company, HK we have particular expertise in builders liens, from a detailed understanding of their purpose, to the creation, preservation, perfection and enforcement of liens. In British Columbia, The BC Builders Lien Act (the Act) is the governing legislation that assists those who have worked on a construction project or supplied material to it, but haven’t been…

Disputes within a business, whether it be a partnership, corporation or joint venture can disrupt the operation of the business and, if not dealt with quickly, discreetly and effectively, may have consequences for their reputation in the business community, on the confidence of their trading partners and perhaps even the viability of the business itself. At Sodagar & Company, we…

Breach of duty of care gives rise to a cause of action for negligence in common law. To establish negligence a plaintiff has to establish four elements: Duty of care, standard of care, causation in law and causation in fact. The general rule for duty of care is that every person has to take reasonable caution in their actions to…

At Sodagar & Company, we have worked with local and international clients including businesses and individuals as purchasers, vendors, landlords, tenants, builders, contractors, agents and insurers with respect to a wide variety of real estate related issues and disputes. Take a business-minded approach necessary to provide efficient and effective solutions with respect of any real estate issue or dispute. Failure…

At Sodagar & Company, we act for executors, administrators or trustees, heirs and beneficiaries, and persons who feel they have been wrongfully excluded from a share of an estate. We have assisted client’s in contesting or challenging the validity of a will where concerns arise about the maker’s mental capacity, undue influence or knowledge or approval of the document. We…

The courtroom may not always be the most efficient method of providing results.  Mediation and arbitration are an effective alternative to assist parties in reaching an agreement.  The process is private, cost effective in comparison to litigation, and provides clients with a sense of control over the situation.  At Sodagar & Company our experience allows us to recommend mediation and…

At Sodagar & Company, we routinely assist clients in their acquisition or disposition of commercial real estate from start to finish, from initial strategic planning to the final disposition. We work with buyers and sellers of all types of commercial real estate assets, helping them acquire and dispose of properties on both an individual and portfolio basis. We have acted…

At Sodagar & Company, we efficiently provide all the services you need during the purchase, sale, or refinancing of residential and/or commercial property. We assist clients in their purchase and sales of detached homes, townhouses, condominiums and mobile homes. Our solicitors and conveyancers will guide you throughout the process. Our website has questionnaires relating to your sale, purchase or refinance.…