This post was submitted by Lawson Lundell guest author Keith Bergner.
On October 28, 2010, the nine justices of Supreme Court of Canada issued a unanimous judgment in Rio Tinto Alcan Inc. and British Columbia Hydro and Power Authority v. Carrier Sekani Tribal Council, 2010 SCC 43. Lawson Lundell LLP (Chris Sanderson, Q.C., Keith Bergner and Laura Bevan) represented the ...
No day goes by without some new internet peril being drawn to our attention. The most recent evil is an internet based program called Firesheep. Like others (i.e. Wireshark, Tshark, Snort, Nmap, etc.), this program, a free download on the internet, allows users to troll cyberspace for open WiFi networks and, by doing so, access personal data and communications. The danger in ...
Amendments to the Bankruptcy and Insolvency Act (BIA) and related new legislation came into force in the summer of 2008 which were aimed at significantly enhancing and protecting, among other things, employee related claims against bankrupt or insolvent companies. The amendments included a super priority charge over all assets for some, but not all, pension claims as ...
Over the last 20 years, the Courts in Canada have struggled with Pension Plan Administrators and Sponsors’ legal obligations as well as the legal rights of Plan Members in Defined Benefit Pension Plans. Luckily, in the last few years, some clarity has begun to emerge from the Supreme Court of Canada regarding these issues and this has been good news for Pension Plan ...
The brave new frontier for the law of defamation today is definitely social media, such as Facebook, Twitter and – yes – blogs too. The last couple of years have seen claims for defamation (libel) move from the traditional print and broadcast media to the Web 2.0, starting with Facebook. By way of background – in case you’re not one of its 500 million users – Facebook is ...
One of the most highly anticipated cases in British Columbia, and likely the country as a whole, is moving towards a hearing in late November 2010. In Reference Re: Criminal Code s. 293 the BC Supreme Court is being asked to determine the constitutional validity of the criminal prohibition against polygamy.
The reference case was initiated in October 2009 by the provincial ...
How much damage can you do to a person’s reputation in 140 characters? If one were to judge from the flurry of defamation cases involving Twitter and similar social media that have been filed in the past couple of years, the answer is, “Enough to interest a lawyer.” As you probably already know if you’re tech savvy enough to be reading this blog, Twitter is form of ...
Imagine being faced with attempting to sell a piece of real estate in a soft market. You eventually obtain the price you are willing to accept and therefore you enter into a binding contract. Unfortunately, the deal does not close because the purchaser is either not able to secure financing or is delayed in obtaining financing (perhaps because the banks are worried about the ...
You just discovered that one of your company’s directors or a senior employee has been engaging in a fraud. One of the first things I get asked in situations like this is whether the conduct of the employee/director will be treated as the conduct of the company generally. Can the company distance itself from its agent’s conduct? It matters for a variety of reasons ...
Recently, the Ontario Court of Appeal ruled that Conrad Black could proceed with six internet based libel actions in Ontario (Black v. Breeden, 2010 ONCA 547). The claims are based upon an investigation into Lord Black’s conduct as chairman of Hollinger that was published on the Hollinger website. The Defendants are directors, advisors and a vice president of Hollinger.
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