California companies expanding into Canada, contracting with Canadian counterparties, or facing Canadian-law questions — direct line, west-coast timezone overlap, two decades of cross-border Canadian business law experience.
California is the largest source of US investment, technology partnerships, and customer relationships flowing into Canada. Whenever a California company touches Canada — selling SaaS to a Canadian customer, hiring a Canadian employee or contractor, distributing a product into Canada, opening a Canadian subsidiary, partnering with a Canadian counterparty, or investing in a Canadian issuer — Canadian federal and provincial law applies in ways California law does not address.
The gap matters. Privacy obligations (PIPEDA, Quebec Law 25, BC PIPA), worker classification, sales tax registration, withholding tax on cross-border payments, consumer protection, and the enforceability of US-drafted limitation-of-liability clauses are all governed by Canadian law and routinely surprise California companies that assume a US lawyer can handle the Canadian side.
The firm maintains a direct California line — 805.459.0479 — and works in west-coast hours. The principal lawyer, Koby Smutylo, has practiced Canadian business law for over two decades, including as senior corporate counsel to a large Canadian-based international software company. Engagements with California clients typically take one of three forms:
California companies subject to CCPA/CPRA often assume they have Canadian privacy covered. They usually do not. PIPEDA's consent, transfer, and breach-notification rules differ; Quebec's Law 25 adds rules around AI-driven decision-making and data residency; British Columbia and Alberta have their own PIPA statutes. Customer contracts and privacy policies typically need Canadian-specific provisions.
California's worker-classification framework (ABC test, AB5) does not map onto Canadian common law. Canadian provinces apply their own tests, and reasonable-notice obligations on termination are common law and significant — often months or years of severance for senior employees, even where the employment contract says otherwise.
California companies selling into Canada often need to register for GST/HST and (depending on the province) PST. California companies paying Canadian service providers face Regulation 105 withholding obligations that most US-drafted services contracts do not address.
Hiring a Canadian employee, contractor, or sales agent can create a Canadian permanent establishment with Canadian income tax consequences. Structuring matters.
Initial consultations are no-cost and lead with whether the firm is the right fit. Call 805.459.0479 (California line), email koby@canadianattorney.com, or use the contact form below.
Likely yes, even if the sales are remote. Canadian privacy law (PIPEDA and provincial statutes), GST/HST, provincial sales tax, and consumer protection law apply to sales into Canada regardless of where the seller is located. A Canadian lawyer can confirm what obligations apply to your specific model and what your customer agreement should say.
For matters with a Canadian dimension, usually yes. Most California law firms are not licensed to give advice on Canadian law and will themselves refer Canadian-law questions to Canadian counsel. The firm regularly works as Canadian co-counsel alongside California legal teams.
The firm operates on Eastern Time but maintains a direct California line and is comfortable taking calls into the early Pacific-time evening. Most California clients find timezone overlap straightforward.
Yes. The firm handles Canadian federal and provincial incorporation, extra-provincial registrations, director and officer matters, shareholder agreements, and the tax-structuring conversations that should happen early — coordinating with tax counsel where needed.
Yes — Canadian employment offers, contractor agreements, termination matters, and policy review under federal and provincial employment standards legislation. Quebec is handled in coordination with Quebec counsel.
Yes. The firm is comfortable signing reasonable NDAs before substantive discussion of a matter.
Call 805.459.0479 (the California line), email koby@canadianattorney.com, or use the contact form. Initial consultations are short and no-cost.
Call 805.459.0479 or send a note. Initial consultations are short, no-cost, and lead with whether the firm can actually help.
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