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Law Dictionary
Fulcrum Law is a Business Law Firm in Vancouver, BC. This dictionary was designed for Canadian Business Owners to better understand legal terms and how it relates to them and their business.
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Home-based businesses
Home-based businesses
A home-based business is a business run from the owner's or tenant's residence. It is a practical description rather than a legal entity; the business may be a sole proprietorship, partnership or company. Its main legal issues are local zoning, business licensing, insurance and any strata or lease restrictions.
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Home equity loans
Home equity loans
A home equity loan is a loan secured against the owner's equity in a home, usually by a second mortgage or a home equity line of credit registered against title. The lender can enforce against the property if the borrower defaults, so the home is at risk if payments are not made.
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Home inspection
Home inspection
A home inspection is a visual, non-invasive examination of a residential property's condition by an inspector, usually done before a purchase becomes firm. It is commonly arranged as a subject condition in the contract of purchase and sale. It is not legally required, but it lets the buyer identify defects and renegotiate or withdraw.
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Horizontal agreements
Horizontal agreements
A horizontal agreement is an agreement between competitors at the same level of the market, such as two suppliers or two retailers. Many are lawful, including legitimate joint ventures and joint purchasing. The most serious kinds, such as fixing prices, allocating markets or customers, or restricting output, are criminal offences in Canada.
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Horizontal integration
Horizontal integration
Horizontal integration is a business strategy in which a company merges with or acquires another business operating in the same industry and at the same stage of production, such as a competitor. It is a business term rather than a legal one. The usual aims are greater market share, economies of scale and reduced competition.
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Hostile takeover
Hostile takeover
A hostile takeover is an attempt to acquire control of a public company by offering to buy its shares directly from shareholders without the support of the target's board. In British Columbia, take-over bids are governed by securities law, mainly the Securities Act and National Instrument 62-104, not by the Business Corporations Act.
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Host liability
Host liability
Host liability is a negligence doctrine about whether someone who serves alcohol is responsible when an intoxicated guest injures themselves or others. Canadian law distinguishes commercial hosts, such as bars and restaurants, which owe recognized duties, from social hosts, who generally do not owe a duty to third parties merely by hosting.
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Housing affordability
Housing affordability
Housing affordability describes whether households can obtain suitable housing without spending an unsustainable share of income. It is a policy and economic term rather than a legal one. In BC, governments address it through tax measures, zoning reform, rental rules and affordable housing programs.
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Housing cooperatives
Housing cooperatives
A housing cooperative is a residential community owned by a cooperative association, not by its members individually. Members hold shares or membership in the association that carry a right to occupy a unit, and they govern the cooperative democratically through its rules. Members do not own the real estate itself.
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Housing discrimination
Housing discrimination
Housing discrimination is treating a person adversely in renting, selling or occupying residential property because of a protected characteristic, such as race, religion, sex, sexual orientation, disability, family status or lawful source of income. In BC this is prohibited by the Human Rights Code, subject to limited exceptions.
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Human rights
Human rights
Human rights are fundamental rights and freedoms owed to every person. In business law the term usually means statutory protection against discrimination in employment, housing, services and facilities on protected grounds such as race, sex, disability, age and sexual orientation. The Charter of Rights and Freedoms protects people against government action, not private businesses.
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Hybrid business structures
Hybrid business structures
"Hybrid business structure" is not a legal category in BC. It is usually meant to describe an entity combining partnership flexibility with corporate limited liability, like a US limited liability company, which has no BC equivalent. BC businesses instead choose among companies, unlimited liability companies and several forms of partnership.
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Hybrid contracts
Hybrid contracts
"Hybrid contract" has no settled legal meaning in BC. It is sometimes used for a contract mixing goods and services, or for a contract signed partly on paper and partly electronically. Courts simply apply ordinary contract law, characterizing a mixed contract by its essential nature where that matters.
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Hypothecation
Hypothecation
Hypothecation means pledging property as security for a debt while the borrower keeps possession. "Hypothec" is a Quebec civil law term; it is not used in BC law. In BC, the equivalent concepts are a security interest in personal property and a mortgage over land.
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Immigration
Immigration
Immigration law governs who may enter, work, invest and settle in Canada. It is federal law, set mainly by the Immigration and Refugee Protection Act and its regulations and administered by IRCC. British Columbia nominates selected skilled workers and entrepreneurs for permanent residence through the BC Provincial Nominee Program, but IRCC makes the final decision.
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Incentives
Incentives
Incentives are rewards or benefits offered to encourage certain behaviour, such as government tax credits and grants to businesses, or bonuses and discounts offered by businesses to employees and customers. It is a general business term rather than a legal one. Their legal effect depends on the program rules or the contract that creates them.
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Incorporation
Incorporation
Incorporation is the process of creating a company as a separate legal person, distinct from its shareholders. In British Columbia, a company is incorporated under the Business Corporations Act (BCBCA) by filing an incorporation application, including a notice of articles, with the Registrar of Companies after reserving a name or choosing a numbered company.
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Incorporation application and notice of articles
Incorporation application and notice of articles
A BC company is formed by filing an incorporation application with the Registrar of Companies under the Business Corporations Act (BCBCA). The filing includes a notice of articles, a public record of the company's name, registered and records office addresses, directors and authorized share structure. The company's articles, its internal governance rules, are adopted on incorporation but are not filed.
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Indemnification
Indemnification
Indemnification is a contractual promise by one party to compensate another for specified losses, such as third party claims, breaches of representations or legal costs. In BC, indemnities are enforced according to their wording, so scope, caps, deductibles, notice requirements and survival periods matter. The BCBCA separately governs when a company may indemnify its directors and officers.
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Indictment
Indictment
An indictment is the formal written charge on which a person or company is tried for an indictable offence in a superior court. In Canada it is preferred by the Attorney General or Crown counsel; Canada no longer uses grand juries. Serious business crimes such as fraud can be prosecuted by indictment.
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Inducing breach of contract
Inducing breach of contract
Inducing breach of contract is an economic tort committed when a person who knows of a valid contract intentionally persuades or procures one party to breach it, causing loss to the other party. Together with the narrower unlawful means tort, it is the Canadian equivalent of the American tort of tortious interference and applies in British Columbia.
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Industrial design registration
Industrial design registration
An industrial design registration protects the visual features of a finished product, such as its shape, configuration, pattern or ornament. In Canada, it is granted federally by CIPO under the Industrial Design Act and lasts up to 15 years from filing. It lets the owner stop others making or selling products with a design not substantially different.
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Information technology
Information technology
Information technology means the computer systems, software, networks and data storage a business uses to process and transmit information. It is a business and technical term rather than a legal one. Its legal significance comes from contracts for IT services, ownership of software, and privacy and security obligations over the data held.
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Infrastructure
Infrastructure
Infrastructure means the basic physical systems a community or business relies on, such as roads, utilities, water and sewer, power and communications networks. It is a general term rather than a legal one. Legally, infrastructure work is governed mainly by construction contracts, procurement rules, permits and lien legislation.
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Infringement
Infringement
Infringement is the use of another person's intellectual property right without permission in a way the governing statute prohibits, such as copying a protected work, using a confusing trademark or making a patented invention. Infringement is governed by the federal Copyright Act, Trademarks Act and Patent Act, with claims brought in the Federal Court or the BC Supreme Court.
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