Publications

  • Elder Care - Pensions, Powers of Attorney and Last Wills

    Pension plans, wills and powers of attorney are the three main topics of this paper on elder care, in which the regulation of German and Canadian pensions, different types of pension plans and their taxation, as well as the effects of the Social Security Agreement of 1985 concluded between Canada and Germany will be analyzed and compared, and the different types of wills and powers of attorney, together with the conditions of their validity, addressed.

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  • Doing Business in Ontario, Canada

    This publication aims to provide executives, foreign counsel and potential investors with an overview of the legal framework of doing business in Canada, with particular reference to the Province of Ontario, by acquainting the reader with those fundamental principles associated with issues pertaining to business organizational structures, finance, taxation, foreign investment, international trade, real estate, labour and employment, consumer protection, product liability, dispute resolution and the enforcement of foreign judgments.

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  • Wills and Estates: Cross-Border Situations between Common Law and Civilian Jurisdictions as Exemplified by the Laws of Ontario and Germany

    This essay pertains to jurisdictional and conflicts of law issues in cases with a German and Canadian aspect, as well as the multiple will strategy for cross-border situations. Furthermore, it outlines the most important issues governed by the European Regulation on Matters of Succession.

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  • European Union Succession Law

    The EU Regulation No. 650/2012 harmonizes the conflict-of-law rules on cross-border successions of the EU countries with the exception of UK, Denmark and Ireland. The regulation identifies the court competent to deal with a cross-border succession and the applicable substantive law.

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  • Federalism in Canada and Germany: Overview and Comparison

    In this guide, we review the following aspects of federalism in Germany and in Canada: History of federalism, separation of legislative powers between the member-states/provinces and the federation, amendment of constitution, disputes about distribution of powers, challenging of statutes, system of courts and their jurisdictions, Canadian Charter of Rights and Freedoms, fundamental rights under the Charter of the European Union.

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  • Litigation in Canada: Guide to Rules of Civil Procedure in Ontario

    This guide will take you through the basic aspects of litigation in Ontario as set out in the Ontario Rules of Civil Procedure and other applicable statutes and regulations: jurisdiction and the system of courts in Ontario, statement of claim, notice of action and its service, discovery of documents, examination for discovery (oral and written), case management and preparation for trial, trial and judgment, costs.

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  • A Survey of Canadian and German Succession Law

    This article outlines the differences between the German and the Canadian law of succession and answers some questions regarding jurisdiction according to Canadian and German conflict of laws. We review the regulation of statutory succession, testaments, estate planning, compulsory estate allotments, equalization and other important aspects of succession law.

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  • Canadian and German Divorce Law

    This article deals with legal issues arising in divorce cases, particularly divorces involving both Canadian and German spouses. We analyze the following legal aspects of divorce: regulation of jurisdiction, the law to be applied by German and by Canadian courts, divorce requirements, spousal support claims, and apportionment of assets, liabilities and pension rights as well as recognition of German and Canadian judgments.

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  • Canadian and German Company Law

    This is an introduction to the main Canadian and German corporate legal entities available to investors.We will compare Canadian Sole Proprietorship, Partnership and Corporation with the German Non-trading Partnership (GbR), General Partnership (OHG), Limited Partnership (KG), Aktiengesellschaft (AktG) and the Limited Liability Company (GmbH).

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  • Estate planning in Canada and Germany and Conflict of Laws

    Here you will find an overview of the issues arising under Canadian and German Law with regard to the making of a last will, revocation of a will, formal requirements and validity of a will, and administration of an estate. You will also find a summary of the procedures applicable in Canada and Germany to transfer of property upon death.

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  • Estate planning in Canada and Germany and Conflict of Laws

    Here you will find an overview of the issues arising under Canadian and German Law with regard to the making of a last will, revocation of a will, formal requirements and validity of a will, and administration of an estate. You will also find a summary of the procedures applicable in Canada and Germany to transfer of property upon death.

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  • Reciprocal Enforcement of Judgments between Ontario and Germany

    Recognition and enforcement of foreign judgments is subject to specific preconditions and procedures. The judgment must be final, it must be for a specific sum of money or a non-monetary award. Find out more about the regulation of court jurisdiction, support (maintenance) claims, enforcement of arbitral awards, and other particular topics.

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  • Bringing German Workforce to Canada

    Let us give you an overview of the requirements related to bringing German members of workforce to Canada. What is a Labor Market Opinion (LMO)? What is involved in getting a work permit? What conditions must be met by business visitors or professionals? Read about other relevant issues such as employment contacts, and social security and taxation matters.

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  • Employment Law in Ontario and Germany

    The article summarizes and compares all the main aspects of employment in Ontario and Germany. Discover more about contract form requirements, fixed-term employment contracts, protection against unlawful dismissal, sick leave, vacation entitlement, overtime regulation, limitations to working hours, minimum wage, principle of equal treatment and other employment-related issues.

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  • Canadian Administrative Law and German Verwaltungsrecht

    Learn more about Canadian Administrative law and German Verwaltungsrecht by reading about the respective constitutions, the sources of Administrative law, its principles and procedures, and rules governing enforcement of decisions.

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  • Rules of Costs and Fees for Lawyers in Ontario and Germany

    What are the differences between rules governing compensation of lawyers in Ontario and in Germany? Find out more about scope of payment, remuneration schedules, types of fee agreements, solicitor and client costs, partial and full indemnity costs and court fees.

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  • Canadian and German Real Property Law: A Comparison

    This article addresses regulation of the German Land Register (Grundbuch), principles governing the operation of the register and acquisition of title to land. A similar analysis is presented with regard to the Canadian system, including the principles of title registration (mirror principle, curtain principle, insurance principle) and document registration.

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