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Insights

Plain answers to
common questions.

Short notes on the questions clients bring us most often. General information, not legal advice for your situation.

  1. 01Before you sign a commercial lease: five clauses to read twiceCommercial real estate · 6 min read
  2. 02Shareholder agreements for two-founder companiesBusiness and corporate law · 5 min read
  3. 03Ending employment well: notice, paperwork and timingEmployment law · 5 min read
  4. 04Four moments to review your willWills and estates · 4 min read

Before you sign a commercial lease: five clauses to read twice

Rent gets the attention. These are the terms that tend to cost tenants more over the life of a lease.

Most tenants negotiate the rent and the term, then sign the rest. The clauses below rarely make the first conversation, yet they shape what the lease actually costs and how much freedom you keep.

1. Additional rent and operating costs

Ask for a clear list of what the landlord can pass through to you, and whether there is a cap on year-over-year increases. "Capital repairs" deserves particular attention: replacing a roof is a very different cost from repairing one.

2. Assignment and subletting

If you may sell your business, merge or simply need less space, this clause decides whether you can. Look for consent that "may not be unreasonably withheld," and check whether a change in who owns your company counts as an assignment.

3. Repair and restoration

Many leases require the space to be returned to its original condition. If you plan to invest in fit-out work, agree now what can stay behind at the end.

4. Relocation rights

Some leases let the landlord move you to other premises. If location matters to your business, narrow or remove this right before you sign.

5. Personal guarantees and indemnities

A guarantee can follow you long after the business has moved on. Ask whether it can be limited in amount, in time, or released once the business has a record of paying on schedule.

None of these needs to derail a deal. They do deserve a deliberate decision rather than a default one.

General information only. For advice on your own circumstances, speak with a lawyer.

Shareholder agreements for two-founder companies

The best time to agree on how you part ways is while you still agree on everything else.

Two founders with equal shares and no agreement have, in practice, agreed to deadlock. A short shareholder agreement written early prevents most of the disputes we see later.

Decisions that need both of you

List the decisions that require unanimous approval: issuing new shares, taking on significant debt, selling the business. Everything else can then be run day to day without friction.

When one founder leaves

Agree what happens to a departing founder's shares, how they are valued and how the purchase is paid for. A valuation method chosen calmly in advance is far easier than one argued over at the exit.

Breaking a deadlock

Options range from a trusted third-party adviser to a buy-sell mechanism where one founder names a price and the other chooses whether to buy or sell at it. The right choice depends on your relationship and your capital.

A good agreement is rarely read once it is signed. That is usually a sign it is working.

General information only. For advice on your own circumstances, speak with a lawyer.

Ending employment well: notice, paperwork and timing

How a termination is handled often matters as much as the decision itself.

Whether you are an employer or an employee, the end of an employment relationship is easier to manage when the steps are planned rather than improvised.

Start with the contract

The employment agreement may limit or expand what is owed on termination. Whether its termination clause is enforceable is a legal question worth checking before any meeting is scheduled.

Keep the paperwork consistent

The termination letter, any release and the record of employment should tell the same story. Inconsistencies between documents are a common source of later disputes.

Mind the timing

Benefits, bonuses, equity and statutory entitlements can all depend on dates. A short delay or an earlier conversation can change what is owed.

For individuals, the most useful step is often the simplest: do not sign a release on the spot. Take the time you are offered to get advice.

General information only. For advice on your own circumstances, speak with a lawyer.

Four moments to review your will

A will written for one chapter of life can quietly stop fitting the next.

A will is not a document you sign once and forget. These are the moments when we suggest taking it out of the drawer.

A marriage, separation or new partner

Changes in a relationship can affect how an existing will operates, sometimes in ways people do not expect. A review confirms the document still says what you mean.

Children and grandchildren

New family members raise questions about guardianship, trusts for minors and how assets are shared between generations.

Starting or selling a business

Business interests may call for specific provisions, a carefully chosen executor and, in some cases, more than one will.

Moving to a new province or country

Formalities and rules differ between places. A will that was valid where it was signed should still be reviewed after a move.

A review is usually short. Often the answer is that nothing needs to change, which is worth knowing too.

General information only. For advice on your own circumstances, speak with a lawyer.

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