News & Publications Archive

Will Roberts was recently profiled in Financier Worldwide's Bankruptcy & Restructuring Handbook.  This handbook includes profiles of leading experts in the field of corporate bankruptcy and restructuring from around the world. The profiled experts have acted for and advised private and public corporations, investment funds, lenders, unsecured creditors and debtors, in addition to many other entities. 

On March 28, 2014, the Canadian Association of Pension Supervisory Authorities (CAPSA) released new Guideline #8 “Defined Contribution Pension Plans Guideline” to clarify certain best practices for defined contribution (DC) pension plan administrators.[1] This new guideline is intended to supplement, and not replace, the requirements set out in CAPSA Guideline #3 “Guidelines for Capital Accumulation Plans”. Although CAPSA Guidelines are not law, they provide pension plan administrators with a useful standard of best practices.

The new guideline is notable in that it elaborates on the responsibilities of DC plan members, such as in respect of investment selection (if applicable) and selecting from options provided on termination. It also characterizes member communication requirements differently depending on the stage of a DC plan member’s career. The new guideline was released with an accompanying reference document providing information on the various regulated retirement products available to DC plan members in the payout phase.

Specifically, the new guideline:

• provides a summary of the various CAPSA guidelines already applicable to DC plans (#3, 4, 5 and 6);

• sets out responsibilities of the plan administrator, employer, plan sponsor, third-party service providers, fund holder and plan members, all with respect to DC plans;

• gives plan administrators guidance regarding the tools and other communications they should provide to DC lan members at various stages of the members’ careers (during the accumulation phase, approaching the payout phase and during the payout phase); and

• provides guidance on what may constitute an adverse amendment for DC plans.

Please contact Megan Kaneen at mkaneen@lawsonlundell.com 604.631.9229 or a member of our Pensions and Employee Benefits Group for more information.

In this Guide, Rita Andreone, QC and Michael Lee contribute a chapter discussing corporations in Canada, with a focus on public companies and with the intention that private corporations will find it useful in structuring and measuring their own governance frameworks.

Today, for many Energy Regulators, project proponents, Aboriginal groups and intervenors, issues surrounding Aboriginal rights and title and the Crown’s duty to consult Aboriginal peoples have become a critical focus in the regulatory approval processes for major (and not-so-major) projects. In his article, "The Crown’s Duty to Consult and the Role of the Energy Regulator," published in Energy Regulation Quarterly, Keith Bergner examines the role of the Energy Regulatory in respect of the Crown’s duty to consult. 

Outrage over a dog-napping at a Vancouver tattoo parlour is leading to accusations swirling online. In this interview, Marko discusses some of the consequences of defaming someone online. 

In this article, Val Mann discusses how law firms should handle being approached by an early-stage entrepreneur. According to Val, when she is approached "she conducts an informal vetting process to make sure she understands the business idea, then talks to people at incubators and in the venture and angel communities." 

In this article, Val Mann discusses how law firms should handle being approached by an early-stage entrepreneur. According to Val, when she is approached "she conducts an informal vetting process to make sure she understands the business idea, then talks to people at incubators and in the venture and angel communities." 

Under a tide of mounting investor scrutiny, which can lead to costly proxy battles, it is particularly important for mining companies to understand the increasing range of legislative, regulatory and governance-related rules that control these meetings. This article outlines a few key points to remember in seeking to mitigate shareholder disputes, including some defensive measures and responsive strategies.

Nicole Skuggedal quoted in BC Business article "Tracking Workers in BC" discussing the BC privacy commissioner's rulings that side with companies tracking employees through mobile and GPS devices in company vehicles.  In reaching this decision, Nicole notes, the privacy commissioner would "balance the employer’s business interest with an employee’s right to privacy."

Marko Vesely is quoted in the Vancouver Sun article "Lulu app stirs controversy: dating intelligence for girls or ‘unacceptable surveillance’?" discussing the defamation issues that may arise as a result of comments made on the controversial Lulu app, an application that allows women to anonymously share ratings of their dates among their Facebook friends.

Marko Vesely was recently interviewed by Financier Worldwide for its Commercial Arbitration Annual Review.  This review examines issues and developments in commercial arbitration around the world. In the interview, Marko offers a Canadian perspective, outlining some of the key benefits of arbitration, recent changes to arbitration legislation and the practical considerations that need to be addressed when undertaking complex multi-jurisdictional arbitrations in Canada.

Len Glass was recently interviewed on CKNW’s The World Today with Jon McComb discussing the implementation of the Foreign Account Tax Compliance Act (FATCA). FATCA is meant to address tax evasion by American citizens living abroad, but is raising questions about privacy implications as it requires financial institutions in other countries to tell the IRS about US citizens’ offshore accounts with than $50,000. On the show, Len discussed  the Act and examined how it would impact Canadian financial institutions as well as US citizens living in Canada. 

Marko Vesely discusses PR and the law in Canadian PR for the Real World, a textbook featuring Canadian case studies, information on PR and the law, best practices, and PR practitioners from across the country.

Lisa Peters' article "Stop Shooting Cannonballs at my Customers’ Canoe!" discusses the Supreme Court of Canada's recent decision in A.I. Enterprises Ltd. v. Bram Enterprises Ltd., 2014 SCC 12. This is an important commercial decision as it clarifies and narrows the scope of the tort of unlawful interference in economic relations. Canadian businesses will also welcome the Court's reference to commercial certainty as one of the principal reasons to clarify and limit the scope of this tort.

Lisa Chamzuk's article, "New Wills, Estates and Succession Act Coming to BC – Application to Pension Plans", discusses the Wills, Estates and Succession Act (“WESA”)coming into force in British Columbia. The primary purpose of WESA is to simplify and coordinate the current patchwork of legislation that applies to wills and estates.

Peter Roberts guest stars on AM 650 Radio Real Estate Show; discusses joint property ownership and sales.

Peter Roberts was quoted in a Globe and Mail article discussing the BC Supreme Court judge ruling that a “ski buddy” was not responsible for the death of a back-country skier on the slopes near Revelstoke, BC. 

Peter Roberts' article “How Should a Strata Deal with the Owner From Hell? - the Final Chapter” was reprinted in the December issue of British Columbia Real Estate Developments.  In this article, Peter examines a B.C. Court of Appeal decision that settles the question of whether or not the courts can force the sale of a strata unit as a remedy for a strata occupant’s failure to abide by strata rules and bylaws. The definitive answer is, given appropriate circumstances, the court can force such a sale.

Lisa Chamzuk and Ben Heller's co-authored article, "Spam, Spammity Spam, wonderful Spam?", discusses Canada’s Anti-Spam Legislation that will be coming into force in three stages over the next four years.

Ritu Mahil'sarticle, "Constructive dismissal: should I stay or should I go?", discusses employee constructive dismissal claims becoming commonplace and the questions an employee might ask themselves when faced with a difficult working environment.

Peter Roberts was quoted in the Globe and Mail discussing a B.C. Supreme Court ruling that a majority of owners in a common law condo complex  in North Vancouver can ask for a sale of the whole property. Peter, who acted in the case on behalf of the successful owners, said the ruling "is an important decision because it makes it clear that one small group of owners cannot block everyone else from selling."

A recent decision from the Alberta Office of the Information and Privacy Commissioner (the “Alberta Privacy Commissioner”) highlights the importance of responding to all privacy complaints and cooperating, to the extent possible, with the Information and Privacy Commissioner during investigations.

Labour and employment lawyer, Nicole Skuggedal, is quoted in the Business in Vancouver article “Do you know where your mobile workers are?” published on January 13, 2014 which discusses rulings from B.C.'s privacy commissioner to affirm employers' rights to track their employees with GPS technology while on the job.

FortisBC is the dominant natural gas service provider in British Columbia, serving nearly a million customers in over 125 communities in the province. It is a public utility regulated by the British Columbia Utilities Commission (BCUC), under the Utilities Commission Act (UCA).

Khaled Abdel-Barr and Kimberly Robertson's article, "Digging For Relief: Restructuring Laws Helping Fill Financial Holes in Canada's Mining Sector". was published in the print edition of Business In Vancouver on December 10, 2013.

Lawson Lundell Associate Ritu Mahil is quoted in the Canadian Lawyer article "A Coming of Age for Family Status", which examines two Federal Court rulings that highlight discrimination against employees with childcare needs.

Marko Vesely’s co-authored article from Canadian Corporate Counsel, Volume 23, Number 3, December 2013,  "Say anything: The absolute protection given by absolute privilege, discusses absolute privilege, communications incidental to judicial proceedings, complaints and communications with administrative tribunals, and municipal proceedings.

This article was originally published in Canadian Corporate Counsel, a Canada Law Book/Thomson Reuters Canada Ltd. publication.

Three Lawson Lundell Partners, Rita Andreone, QC, John Smith, and Michael Lee participated as leading legal practitioners in the recent study "A Canadian Model of Corporate Governance: Insights from Canada's Leading Legal Practitioners." 

The Supreme Court of Canada today issued its much anticipated decision in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62, a decision which addresses the balancing of privacy rights with the rights of freedom of expression under the Canadian Charter of Rights and Freedoms.

Marko Vesely was interviewed on CKNW's Phillip Till Show on November 8, 2013 where he talked about public figures claiming that something cannot be commented on because it is "before the courts".

Mark Fancourt-Smith's opinion piece, "Trademark Doesn't Trump Usage" was published in the BC Business online edition on November 6, 2013. The article discusses the dangers of choosing a brand name that a business in the same industry is already using.

On June 12, 2013, the Canadian government announced its intention to introduce new legislation requiring the disclosure of payments made by Canadian extractive resource companies to domestic and foreign governments.

Rita Andreone is quoted in the article, "High Risk for the Status Quo”, The article examines changes in executive compensation for Canadian companies.

In a highly-anticipated and extremely significant pair of decisions for businesses and consumers alike, the Supreme Court of Canada (“SCC”) ruled on Thursday (October 31, 2013) that the ultimate consumers at the end of a supply chain can effectively leap-frog the supply chain by having direct legal recourse in a class action against a manufacturer who illegally overcharged for the product supplied.

Peter Roberts is quoted in the article, "New school planned for downtown clears hurdle”. The school on Expo Blvd. is scheduled to open in the fall of 2015. It will house 510 students and boast a step-like design with part of the building cantilevered five metres over the adjacent Andy Livingstone Park.

Mark Fancourt-Smith's article, "Hardwood and handbags: What’s in a name? Opinion: Adoption of a competitor’s name is a risk" was published in The Vancouver Sun on October 31, 2013.  The article discusses how the registration of a trademark by a business may not be an ironclad guarantee of an exclusive right to use it.

Karen MacMillan was interviewed by Global Business Reports for their Mexico Mining issue published in October 2013.

Castonguay Blasting Ltd. v. Ontario (Environment), 2013 SCC 52 is the latest Supreme Court of Canada decision to confirm the expansive approach courts may take to the interpretation of environmental protection legislation.

Read more here.  

Deborah Cushing is quoted in The Vancouver Sun article, "WorkSafeBC to help implement new anti-bullying, harassment policies in B.C. workplaces", published on October 30, 2013.

Deborah Cushing's article, "What you need to know about changes to Canada's Temporary Foreign Worker program", was published in the online edition of The Northern Miner on October 24, 2013. The article also appears in the print edition of the publication.

Deborah Cushing is quoted in The Vancouver Sun article, "Employers face deadline to meet WorkSafeBC anti-bullying rules" published on October 29, 2013.

This paper discusses contract law issues including decisions of relevance to commercial lawyers and business leaders giving a snapshot of particular principles of interest that arose in case law over the past 12 months.

This paper discusses strategic and practical issues which will arise in the process of negotiating and concluding cooperation agreements and benefits agreements with First Nations.

The Supreme Court of Canada recently reiterated that restrictive covenants that arise in the context of the sale of a business will be treated differently and more generously than those that arise in the context of a contract of employment. While the case arose under the Civil law of Quebec, it clearly has implications for the common law regimes in the rest of Canada.

John Smith is quoted in the Business in Vancouver article, "Challenges remain as B.C. joins Ottawa in creating joint securities regulator", which discusses the B.C. and Ontario agreement-in-principle with the federal government to create a joint securities regulator overseeing both markets.

Litigator, Peter Roberts is quoted in the article, "OneCard ignites legal battle as community associations ask court to halt access card". Six community centre associations are suing the Vancouver parks board, alleging they have breached an operating partnership and are unjustly seeking to seize revenue and centralize control of the community centres.

Rita Andreone, QC is quoted in The Law Society of BC Benchers' Bulletin feature article, "2013 Bencher election: A call for candidates", where she discusses her experience as a Bencher.

John Olynyk is quoted in the Alberta Oil article, "An inside look at the bitter legal battle over cumulative impacts of oil sands activity" which discusses how unclear rules mean neither energy companies nor aboriginal groups understand where cumulative effects fit in the consultation process.

Starting a business venture with others is an exciting prospect. However, because owners tend to put their focus (understandably) on getting the company off the ground, they often overlook the important step of putting in place a business agreement between the founding partners.