News & Publications Archive

BC’s Real Estate Development and Marketing Act (REDMA) and its associated regulations and policies is an essential piece of legislation that allows the multi-family, new home market to operate. An understanding of its function is critical for both developers and property buyers in BC.

During difficult economic times, sponsors of defined benefit pension plans have had to deal with plan deficits. This paper compares how the Canadian federal government and different provinces deal with solvency funding relief, jurisdiction by jurisdiction.

Marko Vesely's article, "Defamation in Social Media" appears in the May 2011 issue of BCBusiness Magazine. Marko discusses how many people have found themselves in legal trouble simply because they did not understand how public their online comments could be. The same rules and principles that govern large media organizations now apply to individuals who publish content on blogs, Facebook, or Twitter.

This bulletin contains information on employee voting time entitlement during federal elections. Also discussed is whether employees have a reasonable expectation of privacy over their computer data.

Rob Sider is quoted in The Globe and Mail article, "Fighting against being forced into retirement", where he comments on mandatory retirement and age discrimination. The article was published on April 26, 2011.

Valerie Mann was interviewed by Business in Vancouver for the article, "Metro Vancouver following global trend of increased M&A activity". The article appeared in the April 19-25, 2011 issue.

Mandeep Dhaliwal was interviewed by Business in Vancouver for the article, "When casinos roll into the red". The article appeared in the April 5-11, 2011 issue of the paper in the Top 100 Biggest Deals - Corporate Finance section.

On March 29, 2011, Marko Vesely appeared on CKNW's The Mike Smyth Show to discuss privacy issues concerning work-supplied technology.

These days many US businesses are looking north to Canada for new markets. This paper discusses when a US business needs to worry about the Canadian tax system. The short answer comes from some of the oldest provisions in the Income Tax Act. US businesses need to worry about Canadian tax when they have a physical presence in Canada.

Rita Andreone was interviewed by Canadian Lawyer 4Students for the article "10 things you really need to know to practise law". The article appears in the Spring 2011 issue.

This bulletin provides details on the recent minimum wage announcement in BC. This bulletin also discusses the recent changes to temporary foreign worker regulations that come into force on April 1, 2011.

Keith Bergner was interviewed by Business in Vancouver for their article, "Murky consultation rules tough on business and B.C. aboriginals". The article appeared in the March 8th, 2011 issue of the paper.

This paper provides an overview of legislative changes and it reviews case law before the Property Assessment Appeal Board and Courts. This paper was presented at the Canadian Property Tax Association Western Chapter 2011 Education Seminar.

Rob Sider's article, "Stress Leave: Legitimate or Escape Tactic" appears in the March 7th issue of BCBusiness Magazine. Rob discusses the rights of the employer and the employee when a stress leave is requested. Is the leave connected to a legitimate illness, or just a cover for poor performance?

Creditors and debtors often enter into agreements with respect to the repayment of indebtedness. These forbearance agreements or “standstill agreements” are useful tools whereby both creditors and debtors can work together to reach a common goal without the immediate need for realization of assets in a formal insolvency proceeding.

In contrast, a settlement agreement is designed to bring finality to all or some part of the credit arrangement with the debtor. As such, particular care has to be taken under a settlement agreement to insure that what is being settled and released does not affect other parties or other issues that are not being resolved under the agreement.

Keith Bergner was interviewed for an article in the February 17, 2011 edition of The Vancouver Sun and a related online video entitled, "High court to consider landmark B.C. aboriginal fishing rights case".

Keith Bergner was interviewed on CBC Radio's BC Almanac on February 17, 2011. Keith discussed the Aboriginal Lax Kw'alaams commercial fishing rights case currently before the Supreme Court of Canada.

The Federal government’s legislation to control spam and other ills of the electronic age with An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, was passed in mid-December, 2010. This newly passed legislation was Bill C-28, otherwise known as the Fighting Internet and Wireless Spam Act ("FISA").

Marko Vesely was interviewed by Lexpert Magazine - The Globe and Mail for the online article, "Ontario Considers Anti-SLAPP". The Ontario government has announced that it is reviewing recommendations to enact legislation to address SLAPP suits ("strategic lawsuits against public participation"). The article appeared online on February 9, 2011.

On January 24, 2011, the Commissioner of Competition (Canada) filed a notice of application with the Competition Tribunal for dissolution of a merger (or divestiture of assets or control) resulting from the completed merger of CCS Corporation and Complete Environmental Inc., the latter of which owns Babkirk Land Services Inc.

Peter Roberts was interviewed for the Canada.com article, "Harmac legal battles roll on - Case winds its way into Delaware court". The article appeared online on January 26, 2011.

On January 21, 2011, Marko Vesely was interviewed on CKNW's The Morning News with Philip Till on the subject of defamation claims and anonymous internet postings.

Marko Vesely was quoted in an article in the January 21, 2011 edition of The Vancouver Sun and a related online chat entitled "Legal claims for online defamation on the rise".

Rob Sider was interviewed by Canadian Business for the article, "Are you causing your staff mental injury?". The article appears in the February 14, 2011 issue of the magazine.

This paper discusses electricity sector developments in Alberta and British Columbia that continue to break new ground particularly in view of the recent prominence of renewable energy, greenhouse gas (GHG) emissions issues and export market development initiatives for the export of electricity from clean or renewable sources.

Craig Ferris was quoted in a December 14, 2010 Globe and Mail and CTV online article, "Proxy-fight trend looks like it’s here to stay". He was also quoted in a December 15, 2010 print article, "What's driving the frenzy of high-profile proxy fights".

A discussion of recent decisions under the Investment Canada Act (Canada), including the Attorney General of Canada v. United States Steel Corporation and U.S. Steel Canada Inc. This paper was presented at the 8th Annual Insight Information Advanced Mergers & Acquisitions Course on December 6, 2010.

On December 2, 2010, the Supreme Court of Canada dismissed leave to appeal from the Federal Court of Appeal's decision in Standing Buffalo Dakota First Nation v. Enbridge Pipelines Inc., 2009 FCA 308.

Standing Buffalo argued they were not adequately consulted about the construction of three massive pipeline projects.

The Supreme Court’s decision to not hear the appeal leaves intact the Federal Court of Appeal decision from October 2009, which in turn upheld the decisions of the National Energy Board that had been challenged by various First Nations.

Rita Andreone was quoted in the article "B.C. plans to expand jurisdiction of notaries" that appeared in the November 26, 2010 issue of Lawyers Weekly.

Rita Andreone was quoted in the November 19, 2010 issue of Lawyers Weekly in the article "B.C. law society to publish more on discipline".

Heather Ferris was quoted in the article, "Unusual process puts Olympic Village under receivership" which appeared in the November 18, 2010 issue of Business in Vancouver (BIV) Business Today.

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.