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June 2015




El-Ad Group (Canada) Inc. and Robins Appleby LLP Complete the Closing of the Dream Tower, Emerald City.

The Real Estate Group at Robins Appleby LLP led by partner Leor Margulies, together with associates Tara Welat and Jaime Bell, and law clerk Audrey Weaver, completed the closing of the Dream Tower in March 2015. This is the third building of the first phase of the very successful Emerald City condominium project. The first two buildings of the initial phase were closed out in June and October 2014. This initial phase comprised of approximately 1,200 units in a multi-phase project that will ultimately see over 2,800 units built.


Sale of the Primrose Hotel

Ronald Appleby, Q.C., senior partner in our Tax and Estates Group, led a team including Jonathan Zepp (Business Law Group), John Fox (Real Estate Group), Arin Klug (Tax and Estates Group) and David Segal (Business Law Group), acting on the sale of the Best Western Primrose Hotel, a landmark downtown Toronto hotel. The Robins Appleby LLP team was proud to provide tax, transactional, employment, regulatory and corporate advice and due diligence support to the vendor.


The Art Shoppe Inc.

Darrell M. Gold, a partner in our Real Estate Group recently completed the lease negotiations for The Art Shoppe Ltd., a Toronto retail landmark since 1936 which recently moved to 71 Kincort Street (just west of Caledonia Road and north off Castlefield Avenue) where it opened its brand new 70,000 sq. ft. showroom of fine furniture from around the world.


Sucro Can Canada Inc.

Jonathan Zepp, a partner in our Business Law Group led a team at Robins Appleby LLP, together with associates Arin Klug (Tax and Estates Group) and David Segal (Business Law Group) for the purchaser of the Sucro Can business located in Hamilton, Ontario in January 2015. Sucro Can Canada Inc. will continue its sugar tooling and distribution business at its Hamilton plant, serving some of Canada's most distinguished food and beverage processors. The Robins Appleby LLP team was proud to provide transactional, tax, employment, leasing and corporate advice and due diligence support to Sucro Can Canada Inc.




Tax Planning in Estate of Flux
by Arin Klug

Canadians may need to revisit their existing estate plans as a result of recent amendments to Canada's Income Tax Act that have shifted the bedrock of the estate planning landscape. The changes, most of which are scheduled to take effect on January 1, 2016, will fundamentally affect some of the more common estate planning techniques that have been used by Canadian families for decades to minimize taxes and mitigate against double taxation.

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You’re Fired! A Brief Primer on Terminations without Cause.
by Barbara Green

Termination of an employee "without cause" occurs when an employer terminates an employee on grounds that have nothing to do with the employee's performance. It could be for various reasons, including budget cuts or company reorganizations.

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The Landlord's Right to Measure Area - Use it or Lose It.
by Darrell Gold

Most leases contain an estimated area of the premises for the purpose of calculating base rent and the tenant's proportionate share of operating costs and realty taxes. The lease typically has a clause giving the landlord the right to measure and certify the area by a future date. Re-measurement usually results in adjustments to the rent payable by the tenant. What happens if the landlord does not measure the area for many years and when it does, a large retroactive rent adjustment is claimed by the landlord?

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New Section of the Income Tax Act Overviewing the Tax Implications of Restrictive Covenants.
by David Segal

On June 26, 2013, the new Section 56.4 of the Income Tax Act (Canada) (the “Act”) became law, which has important tax implications for people who receive payments for restrictive covenants like those under a non-competition or non-solicitation agreement.

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Errol H. Tenenbaum spoke at the Professional Advisory Group of the Baycrest Foundation Breakfast

Errol Tenenbaum, a partner in our Tax and Estates Group, co-presented at a recent breakfast seminar on the significant recent changes to the tax rules concerning estates, testamentary trusts, trusts with life tenants, and donation claims by an estate. The presentation was well attended by other advisors in the tax and estate planning community.

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RESCON – Tarion Forum

Leor Margulies, a partner in our Real Estate Group, participated in a panel chaired by David Speigel of Tribute Communities along with Scott Rowand, Manager, Stakeholder Relations at Tarion and Naseer Abbasi at Del Property Management at a Forum hosted by RESCON on February 26, 2015. The panel discussed the problems, concerns and areas of improvement for Tarion. A very lively and open discussion was held on matters ranging from release of security to 6-storey wood-frame construction, as well as Bulletin 19 reporting.


Jonathan Zepp

Jonathan Zepp, a partner in our Business Law Group, was a presenter at three very successful one day seminars, Transitioning Your Business, It's All About Timing, focusing on transitioning owner operated businesses. The seminars were presented by National Bank in Richmond Hill, Mississauga and Barrie. Jonathan joined six other professional advisors and bankers to develop and present a curriculum for business owners looking to transition their business to the next generation, private equity concerns, strategic buyers and other potential purchasers.


Jonathan Zepp & Errol H. Tenenbaum

Errol Tenenbaum, a partner in our Tax and Estates Group, was a panelist at the first part of a three part lunch and learn series hosted by ACG Toronto (Association of Corporate Growth) and moderated by our Business Law Group partner, Jonathan Zepp. The lunch and learn was titled Preparing for the Race: Considerations in advance of a Business Transition – Strategies for Tax Planning. Jonathan Zepp was also a panelist in the second part of the series titled Preparing for a Marathon, Not a Sprint: Crossing the Finish Line – Techniques for implementing Business Transition. Both lunch and learns were well attended by business leaders and business advisors.




Robins Appleby LLP 9th Annual Purim Holiday Lunch and Learn is a HUGE success!

On February 26, 2015, Darrell M. Gold, a partner in our Real Estate Group, hosted the "9th Annual Robins Appleby LLP Purim Lunch and Learn". With our main boardroom filled to capacity with over 65 business persons and a first ever "waiting list", the event set new highs for attendance.

Guests were treated to a presentation on the Book of Esther and its "hidden" messages by Zale Newman, teacher, author and President of BSM Capital Corporation o/a Bond Street Mercantile. In the spirit of Purim, guests made donations to the Chabad Yeshiva of Toronto. Purim commemorates the deliverance of the Jewish people in Persia (now Iran) 2,300 years ago from a death decree orchestrated by "Haman", the royal advisor to the Persian King, Xerxes I.

A "hold the date" will be sent out in the late fall for our 10th Annual event which will be "extra special".

Click here to view Purim 2015 event photos ►


Robins Appleby LLP Annual Texas Hold'em Poker Tournament

On May 26, 2015, Robins Appleby LLP hosted The Annual Texas Hold'em Poker Tournament. Over 90 players and 120 guests joined our lawyers for an evening of dining, schmoozing and cards. There were some nail biting moments for our poker tournament players. With able counsel from our firm's great lawyers, the champions were able to evaluate their risks and ultimately make informed and strategic decisions that helped them take the crown.

Congratulations to our champions: Don Hill, Derick Quiambao and James Miller.

Click here to view Poker 2015 event photos ►




Taking Care of Business Blog

The Robins Appleby LLP Business Law Group is proud to announce the launch of our new blog. Taking Care of Business Blog will provide you with the latest news and important tips in corporate law and the business field. We welcome requests for specific blog topics that interest you.

We look forward to you reading our blog.

Click here to visit the blog ►




Errol H. Tenenbaum and
Barbara Green Become Partners
of Robins Appleby LLP

Congratulations to Litigation Lawyer Barbara Green and Tax and Estates Planning Lawyer Errol H. Tenenbaum on being admitted as partners of Robins Appleby LLP.

Click here to view the announcement ad ►


Interview with Barbara Green

How long have you been with Robins Appleby LLP?

I have been with the firm since February, 2001. I started just prior to my call to the bar.

What do you specialize in at Robins Appleby LLP?

I am a commercial litigation lawyer with an emphasis on employment disputes and estate litigation.

What characteristic do you think a person needs in order to be a successful litigator?

There are many characteristics that a lawyer must possess in order to be a successful litigator, but effective communication skills are key.

What do you want our readers to know about Robins Appleby LLP?

The law firm has a warm, collegial environment. The lawyers are excellent practitioners and are well-rounded, interesting and talented people. Our staff are very dedicated. We all strive to achieve great results for our clients.


How do you spend your spare time?

I exercise almost daily and I love running. I spend a lot of my time with my sons, who are 8 and 5. They like to play floor hockey with me (they are better than I am) and snakes and ladders. We also watch a lot of hockey and baseball games, and Pokémon TV. I also like to sing karaoke, but my kids aren't nearly as impressed with my vocal skills as I am.

When I walk into your office for the first time, looking around, what would your office tell me about you? How is that different from your personal life?

My office walls are covered, in part, with the artwork of my sons. My office would suggest that I am a proud mom of my 2 amazing kids which is true, and is no different than in my personal life!

If you met yourself first year of law school, what advice would you give her?

To enjoy and cultivate personal relationships with fellow law students and law professors who will be your colleagues in this profession for years to come.


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The comments contained in this newsletter provide general information only and should not be relied upon as legal advice. Further particulars on the matters summarized in this newsletter, their implications and suggested courses of action, can be obtained from Robins Appleby LLP using the contact information provided herein. This e-mail is being sent to you as a contact of our Firm.


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