Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

Canada Law
This answer was rated:

Do you have experience in Canadian Law? Province -

Do you have experience...

Do you have experience in Canadian Law?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Province - Saskatchewan

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I need them to know Canada Law

Show More
Show Less
Ask Your Own Canada Law Question
Answered in 9 minutes by:
1/16/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,047
Experience: Lawyer
Verified
I️ am a lawyer in Canada and happy to help.Please let me know the basic facts and then your specific question.Thanks
Ask Your Own Canada Law Question
Customer reply replied 1 month ago
I just submitted the question
Customer reply replied 1 month ago
Do you see the question? I just paid the $79 for submitting the question in a question box
I am sorry but I do not see the question.Please click reply and copy and paste it here.
Ask Your Own Canada Law Question
Customer reply replied 1 month ago
Here is what I submitted:
Do you have knowledge in Canadian Law? I’ve been Reviewing my contract and NDA that I signed with a Canadian company (I'm from Canada). Looks like the latest signed Agreement is with Company #1 for filling CEO role and to obtain funding. Instead of filling those two requirements for Company #1,we started a new company, taking one of the products from Company #1 and adding other partnerships/products from other companies. Company #1 they said they would honor the Agreement with Company #2, and also honor it for any other people I hired for Company #2. I do have a Shareholders Agreement with Company #2 giving me 10% of Class A Common Shares for all the extra work I've done to build the company, but no Independent Contractor Agreement for the hiring activities or the funding. I'm thinking of terminating the Contract, so I’ll need to get a quick legal opinion on:
1. Does NDA & Agreement from Company #1 transfer to Company #2, legally?
2. Can I start a competing company to Company #2?
2. Upon termination of contract, does Company #2 still need to pay me for any roles for people I've hired who may stay with Company #2?
Customer reply replied 1 month ago
Shall I add the confidential files for you to look at?
Is there a noncompetition agreement or just a nondisclosure agreement?
Ask Your Own Canada Law Question
Customer reply replied 1 month ago
I can upload it. Is it confidential if I upload it?
There really is no confidentiality so perhaps you could summarize it for me.Please take your time.
Ask Your Own Canada Law Question
Customer reply replied 1 month ago
The separate NDA was signed, along with a different agreement. We parted ways in October 2015, then re-engaged in December 2015. See the original NDA, and the latest engagement Agreement.
Customer reply replied 1 month ago
I'll switch to a Live Call, as long as I don't get charged for the previous question I submitted this through, AND this one.
Can I record the call, so I can go back through it later?
Customer reply replied 1 month ago
Are you reviewing the documents?

I am not able to speak to you on the phone, but just so you do understand, the way the site works is you do have to pay for the question as well as the call.

I don't see anything in either agreement that prohibits you from competing.

Essentially you cannot reveal confidential information pursuant to the contracts. But that would be the case even without an agreement in most cases. And you cannot solicit their staff or clients etc. So it applies in both cases.

But there is nothing that I can see that prohibits you from competing so long as you don't use any information you received from them and so long as you don't solicit their customers/clients or staff. So I believe you can start a competing company so long as you do it carefully and fairly.

I don't see anything that gives you the right to be paid after you terminate the contract.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Ask Your Own Canada Law Question
Customer reply replied 1 month ago
Company #2 has no current clients, it was a startup. The relationships with potential clients is either ones that I have brought forward, or ones people I've hired have brought forward. No money has been exchanged, everything to this point has been done through sweat equity.
Customer reply replied 1 month ago
The people I've hired have been brought on as Independent Contractors and are on a Commission or Commission plus equity position.

So I really think you are free to move on.

It would seem that you should valuate the shares and sell them.

Ask Your Own Canada Law Question
Customer reply replied 1 month ago
Proposals have been sent, no client engagements signed.
We do have two potential funders, who I've brought to the table. Again, no signed agreements

I am not sure if our posts are crossing or you are replying to the last one but what I said was:

So I really think you are free to move on. It would seem that you should valuate the shares and sell them.
Ask Your Own Canada Law Question
Customer reply replied 1 month ago
Can I keep the shares and wait for them to be worth something?
Can I contact my relationships (who haven't signed with the Company #2), and speak with them about the NewCo I'll be forming?
Can I contact the people I hired as Independent Contractors for Company #2 to see if they want to work with me at the NewCo?
Customer reply replied 1 month ago
Are you still there?
If you start another corporation you would at least have to reveal your potential conflict of interest to the directors. As a shareholder you cannot do something that will harm your cooperation.You cannot solicit the independent contractors that are now with this corporation.
Ask Your Own Canada Law Question
Customer reply replied 1 month ago
does that mean that I can contact my relationships for potential clients and potential funders (who haven't signed with the Company #2), and speak with them about the NewCo I'll be forming?
long as you are not getting the contact information from the current corporation.
Ask Your Own Canada Law Question
Customer reply replied 1 month ago
They are connected to me through my personal LinkedIn, or have originated through my own company's recruitment/reach out efforts.
Customer reply replied 1 month ago
You mentioned "You cannot solicit the independent contractors that are now with this corporation." As Independent Contractors, aren't they able to work with any company they wish?
Customer reply replied 1 month ago
Also, since I created many of the documents for the Company #2, can I use them as a basis for the NewCo?
you can.
Ask Your Own Canada Law Question
Customer reply replied 1 month ago
Thank you!
And can the Independent Contractors work with any company they wish, including the NewCo?
they can but you cannot solicit them.
Ask Your Own Canada Law Question
Customer reply replied 1 month ago
OK great!
One more question: is there a way to capture this conversation? Will it be emailed to me?
After you rate me you will be given that option.
Ask Your Own Canada Law Question
Customer reply replied 1 month ago
ok Thanks!
Do I hand over all documents that I created for Company #2, even though there is no formal agreement for me to be creating documents? Do I hand over all human resources information on the people hired as Independent Contractor, that has been done through my own separate company?
Customer reply replied 1 month ago
Even though I haven't been paid for it?

You don't have over what is yours. You hand over what is theirs and what you agreed to give them.

But you have to remember that you are a shareholder and cannot harm them.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,047
Experience: Lawyer
Verified
Debra and 87 other Canada Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
Ok, thank you.
That's all for now. Much appreciated!

You are very welcome.

Take good care.

Ask Your Own Canada Law Question
Was this answer helpful?
Ask Debra Your Own Question
Debra
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,047
103,047 Satisfied Customers
Experience: Lawyer

Debra is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

103,047 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

224 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
If I don't agree with a lockout violation I was given but
If I don't agree with a lockout violation I was given but didn't dispute it and have now received another lockout violation. What grounds do I have to dispute the first violation? … read more
Debra
Debra
Lawyer
103,047 satisfied customers
I had submitted insurance claims. I am in toronto. No not
hello JA: Hi. How can I help? Customer: I had submitted insurance claims JA: What state are you in? It matters because laws vary by location. Customer: i am in toronto JA: Has anything been filed or r… read more
Debra
Debra
Lawyer
103,047 satisfied customers
My landlord and I went to court through the rtdrs a
Okay so my landlord and I went to court through the rtdrs a judgement was made and I have been ordered to make the following payment on or before 6 pm on the 1st of every month rent $900 and on Feb 16… read more
Debra
Debra
Lawyer
103,047 satisfied customers
I was off last Tuesday Feb 13th from PepsiCo Foods due to
I was laid off last Tuesday Feb 13th from PepsiCo Foods due to restructuring. … read more
Debra
Debra
Lawyer
103,047 satisfied customers
I was one of the people who used oxycontin and I would like
I was one of the people who used oxycontin and I would like to know if there are any lawsuits that cover BC residents? I know about Ontario.… read more
Debra
Debra
Lawyer
103,047 satisfied customers
I need information on alberta wills, Alberta canada. My
no,my uncle has severe alzimers and we cant find his will,is there anywhere we can call to see if he has will with a lawyer somewhere? … read more
Debra
Debra
Lawyer
103,047 satisfied customers
I owe ICBC $129000 from an accident in 2010 and wish to try
I owe ICBC $129000 from an accident in 2010 and wish to try and negotiate a smaller amount and payment … read more
Debra
Debra
Lawyer
103,047 satisfied customers
I worked for a company for 26 years and then I went on
I worked for a company for 26 years and then I went on medical leave and now I am having difficulties getting Long Term Disability. Can you help with this and how much would it cost. … read more
Debra
Debra
Lawyer
103,047 satisfied customers
I need advise for dispute with strata, Vancouver BC, I
I talked to strata manager . But it seems to be ignore me … read more
Debra
Debra
Lawyer
103,047 satisfied customers
In Manitoba Canada, if a church's Finance Committee passes a
In Manitoba Canada, if a church's Finance Committee passes a motion to pay for the services of a choir Director at $25.00 every time she directs the choir during masses or during choir practices and t… read more
Debra
Debra
Lawyer
103,047 satisfied customers
We filed a Statement of Claim for damages in the Court of
We filed a Statement of Claim for damages in the Court of Queen's Bench in Alberta against 6 defendants. Two filed their defences while 4 are in default. We understand that we need to file an Affidavi… read more
Debra
Debra
Lawyer
103,047 satisfied customers
Had my Vehicle towed from visitor spot without a warning.
Had my Vehicle towed from visitor spot without a warning. Our bylaws state no parking in Visitors spot. Does council have the right to tow without notifying owners first. It is an isolated incident. … read more
Debra
Debra
Lawyer
103,047 satisfied customers
My friend is from India and wants to send his son in Canada
my friend is from India and wants to send his son in Canada for higher education in either in finance, business administration or commerce. Whats the procedure to apply. What eligibility they need to … read more
Debra
Debra
Lawyer
103,047 satisfied customers
I moved from Ontario to New Brunswick and the movers
I moved from Ontario to New Brunswick and the movers delivered our items one month after agreed-upon date. We only had what we had in our car and had not planned for this so we had to buy a bed, cooki… read more
Debra
Debra
Lawyer
103,047 satisfied customers
Is this service paid or free? How do i start? No. I am
No . I am applying for Canada immigration through express entry … read more
Debra
Debra
Lawyer
103,047 satisfied customers
How much will this cost. I have a pr application in process
I have a pr application in process and it's say 61 days on the processing times I assume that 61 working days they started working on ours on sept 18th 2017 so I take it that it's late is that right because I'm getting told all sorts of times. This is our first ever pr application … read more
Debra
Debra
Lawyer
103,047 satisfied customers
Is there a limitation on the crime of perjury by a public
Is there a limitation on the crime of perjury by a public employee of the federal CRA agency? Thank you … read more
Debra
Debra
Lawyer
103,047 satisfied customers
I would like to change the child support amount and custody
Hello! I would like to change the child support amount and custody of my children that were finalized on our separation agreement. We had used our own lawyers to finalize it. Once the agreement was co… read more
Debra
Debra
Lawyer
103,047 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x