News & Publications Archive

Heather Ferris was interviewed by The Globe and Mail on November 17, 2010 for the article, "Vancouver takes control of Olympic village". The article discusses the Olympic Village development being placed in receivership.

Heather Ferris was interviewed on November 17, 2010 by CTV BC for their "Receivership 'last step' for troubled Olympic Village" story.

Valerie Mann's article, "Is Canada Open for Business", appeared in the November 16, 2010 issue of Business in Vancouver. In the article, Valerie discusses foreign acquisitions and the net-benefit to Canada test.

Keith Bergner was interviewed by CBC North on November 16, 2010 to discuss the implications of the recent North Arrow Minerals decision where the NWT Court found that they did not adequately consult the Yellowknives Dene First Nation.

Chris Sanderson was interviewed by Lawyers Weekly for the article, "Supreme Court of Canada clarifies ‘duty to consult’" that appeared in their November 12th, 2010 issue. Chris discussed the recent Supreme Court of Canada decision in Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council, [2010] S.C.J. No. 43.

Marko Vesely was interviewed on November 15, 2010 by News 1130 on the topic of legal issues concerning social media.

Craig Ferris was interviewed for The Wall Street Journal article, "Getting Personal Canada: Shareholders Increasingly Activist", where he comments on the recent increase in proxy battles. The article was published on November 15, 2010.

An overview of legislative changes and a review of several topical taxation issues addressed by British Columbia courts in 2009 and to date in 2010. This paper was presented at the Canadian Property Tax Association Western Chapter 2010 Education Seminar - Hope in the New Decade: Emerging Trends and Issues in March 2010.

A comparison of the effectiveness of taxpayers' rights of appeal from tribunal decisions (e.g. Assessment Appeal Board) across Canada. This paper was presented at the 44th Annual Canadian Property Tax Association National Workshop in September 2010.

Rio Tinto Alcan Inc. and British Columbia Hydro and Power Authority v. Carrier Sekani Tribal Council, 2010 SCC 43

On October 28, 2010, the nine justices of Supreme Court of Canada issued a unanimous judgment in this appeal that confirmed the decision of the British Columbia Utilities Commission (the “Commission”) to accept the 2007 Electricity Purchase Agreement between BC Hydro and Rio Tinto Alcan Inc. for filing.

The decision is important for what it says about (i) when the Crown duty to consult with Aboriginal groups is triggered—and when it is not; and (ii) the role of administrative tribunals.

Both British Columbia ("BC") and Alberta have long-held political cultures that nourish a sense of alienation from the traditional Canadian power centres in eastern Canada, which has in turned fostered strongly iconoclastic public policies on a range of issues. Coupled with significant differences in geography and geology, these iconoclastic tendencies have resulted in electricity polices that have in recent years dramatically diverged. In short, electricity policy in BC has veered hard in support of a broader provincial GHG-reduction policy, while in Alberta electricity policy remains more focused on traditional cost of service and reliability concerns consistent with a more ambivalent GHG policy.

In a recent case, the British Columbia Court of Appeal found that Coast Mountain Bus Company’s attendance management program discriminated against employees with disabilities and was not justified on the basis of bona fide occupational requirements.

This paper summarizes the changes that have been made to the Pension Benefits Standards Act, regulations under the Pension Benefits Standards Act, and the Income Tax Act. The changes all impact federally registered pension plans and some impact provincially registered pension plans.

This article was published by Federated Press in Pension Planning, Vol XV, No. 4 (2010).

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.

On October 4, 2010, the British Columbia Oil and Gas Activities Act ("OGAA") came into force. The OGAA represents a significant change to the legal regime for oil and gas activities in British Columbia, and will have immediate consequences for conventional oil and gas producers, shale gas producers, and other operators of oil and gas facilities in the province. This newsletter provides a brief overview of key aspects of the new OGAA regime.

Marko Vesely was quoted in the "Langley a hotbed of political blogging" article that appeared in the October 2, 2010 edition of The Vancouver Sun. Marko spoke on social media and defamation.

We were saddened to learn of the death of our former Partner John Lundell, Q.C. John practiced with the firm from 1965 to 2005, following his father Oscar Lundell Q.C., one of the founders of our firm.

We extend our sincere condolences to Marie and John’s children.

A recent change to the federal investment rules in the Pension Benefits Standards Regulations, 1985 (Canada) came into effect on July 1, 2010. In addition to federally regulated pension plans, this change will impact sponsors of provincially regulated pension plans in provinces where the federal investment rules have been incorporated into the provincial pension legislation. These provinces include, among others, British Columbia, Alberta, Saskatchewan and Manitoba.

This summary provides an update of a case reviewed at our recent client seminar. The Ontario Court of Appeal has overturned a lower court's decision awarding damages for the negligent infliction of mental suffering in employment. Contrary to the trial level judgment, the court found that an employer does not have a duty to protect employees throughout the course of their employment from actions which might cause them mental distress.

A discussion of two 2009 fairly significant Goods and Services Tax ("GST")-related developments: GST on Pension Costs Generally, and GST on Investment Management Fees Specifically. This article was published by Federated Press in Pension Planning, Vol XV, No. 3.

Concerns over global climate change have sparked a series of legislative and policy responses on the provincial, federal, regional, and international levels. Governments have invoked a number of different policy tools to respond and adapt to these concerns. This bulletin provides a brief update on current legislative and policy initiatives in selected jurisdictions.

The Canadian Securities Administrators are requesting comments on proposed amendments to National Instrument 43-101 Standards of Disclosure for Mineral Projects.

On April 21, 2010 Concord Pacific completed the financing for its Red Lily Wind Energy Project located in south-eastern Saskatchewan.

This is an overview of the Canadian business environment and a summary of the general commercial laws that apply in Canada. It has been prepared to assist anyone who is considering establishing a business in Canada.

Paper presented to the Canadian Self Storage Association 4th Annual (2010 Western Regional) Conference and Trade show. Property taxes are an increasingly important fixed cost and bottom line item that businesses have to pay close attention to, in order to remain competitive.

The Federal Government introduced the most sweeping changes to the Competition Act in 25 years in March of 2009. One of the most significant amendments made was to the conspiracy law provisions. The introduction of the new conspiracy enforcement regime was delayed one year, to March 12, 2010, and is now in effect.

A review of some of the more interesting experiences, as well as legal and practical issues, arising from a variety of real estate development insolvencies. This paper was presented at the 7th Annual Review of Insolvency Law Conference in February 2010.

On March 5, 2010, British Columbia Hydro and Power Authority closed the $825 million purchase from Teck Metals Ltd. of a 1/3 interest in Teck’s 493 megawatt Waneta Dam in south-eastern British Columbia.

The March 4, 2010 Federal Budget introduced some targeted measures of interest to companies in the technology industry, as well as private equity and venture capital funds investing in technology companies.

Lawson Lundell partner Brad Armstrong, Q.C. successfully represented Red Chris Development Co. Ltd. in a decision of the Supreme Court of Canada upholding the environmental assessment of the Red Chris mine under the Canadian Environmental Assessment Act.

"Is the tax system becoming more or less equitable and transparent?" - paper presented at the Canadian Property Tax Association Ontario Chapter, 5th National Valuation and Legal Symposium.

Issuers filing financial statements and management’s discussion and analysis (MD&A) for the financial year ending December 31, 2009 are required to provide disclosure on their progress towards IFRS adoption. The Ontario Securities Commission (OSC) recently published pertinent advice on IFRS-related disclosure expectations for forthcoming MD&A.

Lawson Lundell is a proud sponsor of the Canadian Freestyle Ski Association. We offer our congratulations to Alexandre Bilodeau and Jennifer Heil on their medal winning moguls performance at the 2010 Winter Olympics in Vancouver.

This paper discusses five types of for-profit unincorporated business organizations: general partnerships, limited partnerships, limited liability partnerships, limited liability companies, and unlimited liability companies. It was presented at Insight's 2010 Negotiating and Drafting Major Business Agreements Conference.

As of January 1, 2010, “single facility operations” and “linear facilities operations”, located in British Columbia and emitting 10,000 tonnes or more of greenhouse gases (GHGs) per year will be required to register with the Ministry of Environment (MOE), collect emissions data, and report their GHG emissions.

Upon proclamation of amendments to the Motor Vehicle Act, the use of handheld electronic devices while driving or operating a motor vehicle will be prohibited in British Columbia effective January 1, 2010.

Employers should ensure that their employees are informed of the new legislation and required to comply with the law when operating any motor vehicle for business purposes, whether the vehicle is personally owned or provided by the employer.

Trustees Convicted of Regulatory Offence

In a decision that stands as a cautionary note to trustees of pension and benefit plans, the Ontario Superior Court of Justice has found the Trustees of the Canadian Commercial Workers Industry Pension Plan guilty of breaching the investment rules applicable to pension plans in Ontario.

Presentation made to the 10th Annual Negotiating and Drafting Major Business Agreements Conference hosted by Federated Press in Vancouver, BC on November 2-3, 2009.

A recent decision of the B.C. Supreme Court, Besse v. Dr. A.S. Mechner Inc., 2009 BCSC 1316, serves as a reminder that employers do not have the right to lay off employees temporarily (and without severance) unless this right is specified in the employment agreement.

On October 27, 2009 the Minister of Finance Jim Flaherty announced a number of proposed changes to the pension framework in Canada. Most of the proposed changes will be made to the Pension Benefits Standards Act, 1985 (Canada) (the “PBSA”), which governs federally regulated pension plans.

Paper prepared for the 43rd Annual Canadian Property Taxation Association National Workshop Cross Canada Legal Panel. The paper examines some of the "tools" available to the Board to sort out complex valuation questions complicated even further by the turbulence in our markets over the past 18 months.

Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - e-Commerce 2010 (published in August 2009; contributing editor Robert Bond - Speechly Bircham LLP). For further information please visit www.GettingTheDealThrough.com.

On August 7, 2009, the Supreme Court of Canada released its much anticipated decision in Nolan v. Kerry (Canada) Inc. The high court voted 5-2 in favor of upholding a 2007 lower court decision which backed Kerry’s ability to pay plan administration expenses using plan assets.

This paper addresses a number of "key concepts and thorny issues" relating to the issue of jurisdiction under administrative law.

The Province has adopted new civil and family court rules that are to be fully implemented by July 1, 2010. The aim of the new rules is to make it easier for the average citizen to access the courts to resolve legal disputes. The new rules are intended to speed up the process, lower the costs associated with litigation and simplify the litigation process.

On July 10, 2009, the Supreme Court of Canada delivered reasons in Greater Vancouver Transportation Authority v. Canadian Federation of Students, 2009 SCC 31 [GVTA]. This case is important because it further delineates the right to freedom of expression protected in section 2(b) of the Canadian Charter of Rights and Freedoms. Secondly, the Court elaborates on the principles that will be applied in determining whether certain entities will be considered “government” for the purposes of the Charter.

This publication discusses the recent rulings in Robertson v. West Fraser Timber Co. Ltd., 2009 BCSC 602 and Imperial Oil Ltd. v. Communications, Energy & Paperworkers Union of Canada, Local 900, 2009 ONCA 420.

This article considers some cross-examination issues that arise in tribunal hearings. Issues arise because cross-examination in tribunal hearings is used by more participants, and for more purposes, than in a traditional courtroom setting - but the rules and practices that govern the use of cross-examination were not developed in anticipation of those additional users or uses.

The members of the Financial Recovery Group have put together this booklet to provide practical tips for businesses operating in today's economic environment.

The Labour Market Opinion (LMO) program of Service Canada has recently changed.