What Makes a Trademark Distinctive in Canadian Law?
michael Downie michael Downie

What Makes a Trademark Distinctive in Canadian Law?

Distinctiveness is a cornerstone of Canadian trademark law, defining whether a mark can identify your business and differentiate it from others. Explore the foundational elements of distinctiveness, why common terms or descriptive names are rejected, and how unique branding and acquired reputation can help secure your trademark registration.

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How to Structure an Estate Freeze for Your Ontario Business
michael Downie michael Downie

How to Structure an Estate Freeze for Your Ontario Business

An estate freeze is a powerful planning tool for Ontario business owners who want to secure the current value of their company and pass future growth to family or successors. This guide explains the estate freeze process—from valuation and share reorganization to family trust setup and tax planning—helping you retain control and maximize tax benefits for your heirs.

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Asset Sale vs. Share Sale: Choosing the Right Approach When Selling a Business in Ontario
michael Downie michael Downie

Asset Sale vs. Share Sale: Choosing the Right Approach When Selling a Business in Ontario

When selling a business in Ontario, one of the first decisions owners face is whether to structure the deal as an asset sale or a share sale. Each approach comes with distinct legal, tax, and practical considerations that affect both the buyer and the seller. This guide breaks down the key differences, advantages, and drawbacks of each option—and how to decide which structure best suits your goals.

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How to Avoid Section 84.1 Surplus Stripping When Selling Shares in Canada
michael Downie michael Downie

How to Avoid Section 84.1 Surplus Stripping When Selling Shares in Canada

Section 84.1 of the Income Tax Act can turn a tax-efficient business transaction into a fully taxable event. This article shows business owners and advisors how to avoid common pitfalls, outlining practical steps to structure share sales, family transfers, and business exits so you remain compliant and minimize costly tax consequences.

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