News & Publications Archive

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.

Ed Wilson is quoted in the Canadian Lawyer Magazine article, "Still Ripe For Litigation", which discusses how information or disclosure statements in real estate transactions are not universally accepted and lawyers remain divided over their value.

On May 29, 2013, Alberta issued three regulations and two rules under the Responsible Energy Development Act (“REDA”). The new regulations and rules became operational on June 17, 2013, the same day that REDA came into force. With REDA, the regulations and the rules now in place, the new regulatory regime for energy development in Alberta has started to take shape. 

This article discusses the legal issues that may arise if a mining company is forced to layoff employees.

This article discusses the initiative, Publish What You Pay, which will require Canadian companies to disclose the amounts resource companies pay to any level of government, anywhere in the world.

This article discusses the differences between litigating in the U.S.A. and Canada including the court systems, judges, limited dispositions, civil juries, foreign jurisprudence, costs and cultural differences.

This article discusses the Ontario Supreme Court decision to hear a lawsuit brought by the victims and family members of alleged violence at a Guatemalan mine owned by the Canadian mining company, Hudbay Minerals Inc.

The article discusses a Supreme Court of Canada ruling that said an employer must establish a substance-abuse problem in a safety-sensitive work environment before random drug-and-alcohol screening can occur.

Keith Bergner is quoted from the Northern Gateway project Joint Review Panel hearing held in Terrace, BC in the Daily Oil Bulletin article, "Northern Gateway Needed, Says CAPP" published on June 19, 2013.

Keith Bergner is quoted from the Northern Gateway project hearings held in Terrace, BC in The Prince George Citizen article, "Petroleum producers defend pipeline plan" published on June 18, 2013.

Keith Bergner is quoted from the Northern Gateway project hearings held in Terrace, BC in the CFTK-TV article, "CAPP, Haida Nation Present Final Arguments JRP", published on June 18, 2013. 

Keith Bergner is quoted from the Northern Gateway project hearings held in Terrace, BC in the Financial Post article, "Canadian oil producers plead for Northern Gateway approval" published on June 18, 2013.

Keith Bergner is quoted from the Northern Gateway project hearings in the Canadian Press article "Northern Gateway needed to deliver excess oil supply, hearing told" published by The Globe and Mail on June 18, 2013.

This article discusses 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.

Economic torts provide relief in relation to intentional interference with economic interests. This collection of torts can be divided into two categories: deceptive market practices and improper market practices. This paper concerns itself exclusively with the latter, examining the torts of inducing breach of contract, unlawful interference with economic interests and civil conspiracy.

This article discusses Canada’s new anti-spam law (the CASL) which will mark Canada’s movement from an opt-out to an opt-in system for the receipt of commercial electronic messages, requiring express consent from the recipient.

The article, "New anti-spam laws target a safer online world", published on May 14, 2013 in The Vancouver Sun discusses how Canada's new Anti-Spam Legislation (CASL) will result in significant changes for how businesses and individuals may send people "commercial electronic messages" (CEM), including emails or text messages.

The article, "Construction lawyers help mitigate risk for engineers and developers" published in the May 7, 2013 issue of the National Post discusses the need for legal advice as engineers and developers seek to mitigate the risks associated with large scale projects.

Khaled Abdel-Barrr's article, "Mining report: PDAC's appeal to B.C.-based mining firms"  discusses the opportunities offered at the Prospectors and Developers Association of Canada (PDAC) conference and trade show.

The article, "Mining report: PDAC's appeal to B.C.-based mining firms" was published in the April 30, 2013 issue of Business in Vancouver. The article discusses the opportunities offered at the Prospectors and Developers Association of Canada (PDAC) conference and trade show.

Chris Sanderson, QC and Keith Bergner are quoted in The Daily Oil Bulletin article, "NEB Receives Final Arguments in Chevron Priority Destination Bid" published on April 24, 2013.

John Olynyk is quoted in "The pros and cons of Alberta’s Bill 2" article, published in the April 2013 issue of Canadian Lawyer InHouse.

Keith Bergner is featured in the "Aboriginal law rising" article, published in the April issue of Canadian Lawyer Magazine.

The article, "Mining report: Alliances set stage for the future", discusses alternative ways exploration companies can raise capital.

Kinji Bourchier is featured in the March 2013 issue of CBA National Magazine in the article, "Out of office" which discusses his interest in soccer and being a member of Mundiavocat FC.

This bulletin highlights the major changes to pension division under the new Family Law Act.

The article, "Mining report: Alliances set stage for the future", published in Business in Vancouver on March 12, 2013, discusses alternative ways exploration companies can raise capital.

Ritu Mahil's article, "Women's day brings legal rights in workplace closer to home", discusses two recent rulings that provide some clarity on how "family status" is interpreted in court.

Ritu Mahil's article, "Women's day brings legal rights in workplace closer to home" was published in Business in Vancouver on March 8, 2013. The article discusses the legal definition of "family status".

Leonard Glass discusses flow-through shares in the National Post article "Canada’s quirky tax innovation", published on March 5, 2013.

The article "Tech predictions 2013", published on February 25, 2013 discusses what various experts think will happen in the technology realm over the next 12 months.

Khaled Abdel-Barr's article, "The Reemergence of Strategic Alliances in Mineral Exploration", discusses the use of strategic alliances for mineral exploration purposes.