To Serve and Protect

Safeguarding intellectual property is not only paramount in the IT sector, it’s vital for any company that needs to protect the formulas and procedures that make its products unique. An example is Tvål Skincare, which produces handmade natural soaps, bath products, skincare and mineral makeup for its shops in St. John’s and Toronto. “We made up a confidentiality agreement for the employees to sign, just protecting our recipes and trade secrets and stuff like that,” says company co-owner Bobby Bailey. “We had that drawn up by a lawyer.”

Then there are the laws that govern real property. These not only address the buying, selling and leasing of land, but also any zoning or urban planning issues that determine what size or type of structure can be built in different areas. If you’re a developer working in Atlantic Canada, you may have to work around some pretty complex regulations.

“Whether it’s in St. John’s, or Moncton, or Halifax, or Sydney, or anywhere, there are urban planning rules and you’re going to have to navigate your way through that,” says Colin MacLean, president of Nova Scotia’s Waterfront Development Corporation. “In Halifax, one of the governing principals around development in the downtown is the view from Citadel Hill. The city has developed what are called view corridors from that hill, so that you cannot obstruct the view from that hill to Halifax Harbour, except in certain corridors.”

It is also vital that many businesspeople have a good understanding of tort law, which protects individuals who have been injured by the negligence or wrongdoing of others. “Tort law is obviously relevant in terms of the harm that might be caused to people by business activities, such as pollution or defective products,” says Enman. “The big one in the news right now is the Toyota mess and what responsibility Toyota may have to people who either have defective cars or, in the more serious case, who’ve been injured as a result of malfunction of the vehicles.”

Tort law can be especially important to businesses that deal with the public directly, such as shops, restaurants, and pubs. Russell Floren, owner of the Bookery on Signal Hill/Sweet Relic in downtown St. John’s, says having liability insurance is critical if you’re running a retail establishment. “Someone could come in and trip and sue me for whatever. So it’s good to have a good liability and insurance policy for a public space before you open. That’s the number one thing.”

A final area of law that businesspeople should be familiar with is tax law. Professor Bradley warns that this is a highly complex field that would be extremely difficult for most people to understand without seeking expert advice. “When businesses are engaging in almost any relationship that involves the transfer of money from one party to another, tax issues will arise. The Income Tax Act is extremely intricate and contains many rules and provisions that really are only well-understood by experienced tax professionals and tax lawyers.”

Finding a Good Lawyer Most business owners will have to seek legal advice at some point of their career – whether they’re starting, growing, or selling a company. Although there are plenty of skilled lawyers in Atlantic Canada, there are a variety of factors that businesspeople should take into consideration before choosing one. A good starting point is to assemble a few prospective lawyers who specialize in or have relevant experience with whatever field of business the company is operating in. The more a lawyer knows about a business and how it operates, the more effectively he or she can provide services to that company.

Fit is also important – this means finding a lawyer you can get along with and who supports your goals and motivations. Bradley suggests that businesspeople invite prospective lawyers to visit their place of work so they can watch the daily routines, see what the products are, and get a general idea of how the company operates. “That’s something that a lot of lawyers would be very willing to do,” she says. “It might help to contextualize the advice that they give and provide them with a better understanding of what the business is doing.”

Finally, cost is an important consideration when choosing a lawyer. Businesspeople should always be upfront about how much they are willing or able to spend when shopping around for a law firm. “That should be something that you as a client can simply talk to the lawyer about right off the bat,” says Bradley. “Especially in establishing a new relationship, many lawyers will be willing to have an introductory meeting at no cost, and will give you a sense of what they’re actually able to do for you, what their competencies are, and that’s something a business starting out will want to take advantage of as they try to find a lawyer and establish a relationship.”