Depending on the nature of the Agency and the activities to be carried out by the agent, it is recommended to include a representation and a guarantee of the representative that he respects all applicable laws, including: the Agency is a legal report by which the parties agree that one (the agent) acts in accordance with the direction of the other (the client). The work-employer relationship is perhaps the most visible agency relationship. A representative who enters into a contract written on behalf of a client is personally responsible for such a contract, unless he informs the third party that he is acting only as an agent for the client. The agent is responsible for indicating that he is acting as an agent on a contract, either explicitly or by characterizing his contract signature with a few words showing the Agency`s relationship. However, companies acting as intermediaries in Canada would generally have full liability insurance for third parties, which would provide coverage against such personal liability. Price preservation, announced minimum price guidelines, exclusive zones and market restrictions are on the agenda of agency contracts and are not automatically prohibited by competition law. However, these practices, as well as all the other practices mentioned above, are subject to the supervision of competition authorities and third parties concerned by such practices may have the opportunity to assert a right. A: Yes, the agency agreement is legally binding between the two parties. If the charity loses education and control of the terms of the agreement, the employment/agreement relationship may be cancelled and the agreement will be null and void thereafter. Second, the agreement is the legal document that will prove that the charity has direct control over the partnership with the unqualified company if an audit of the charity by management is carried out sympathetically.
If the agency agreement is not in effect while working with an unqualified Donee, the charity is put at risk in a position of non-compliance with the operating rules for the management of a Canadian-registered charity. To this end, Dr. Akbari signed the purchase and sale agreement with Cheema and her spouse. Cheema and Akbari also agreed that Akbari would have no material interest in the property, would not pay the purchase price or expenses and would not live in the house. However, other decisions indicate that an agent is not liable if he acquires property in that capacity. In Lemire v The Queen, 2012 TCC 367, a tax debtor and his friend entered into an oral agreement: the tax debtor would write cheques to his friend, who would then deposit the cheques into their personal bank account, withdraw the cash equivalent and immediately repay the money to the debtor. The rating agency assessed the friend in accordance with Section 160 for the amounts she had deposited into her personal bank account. The Tax Court of Canada found that Section 160 did not apply because no transfer had taken place.
The agreement between the debtor and his friend means that « the [girlfriend] did not have time to use, profit or discard the proceeds of cheques deposited under her own decree. » In addition, the girlfriend « never believed that the deposits would be useful to her or that she could take some or all of them. » The Tax Court stated that, despite the intervention of the Federal Court of Appeal in Livingston, the concept of agency was still relevant in deciding whether a transfer actually took place: given the current uncertainties, the contracting parties might want to include in the agreement a special clause on Brexit, which would allow them to renegotiate or terminate a contract that would become more painful following Brexit.