News & Publications Archive

This is Lawson Lundell's web-based publication dedicated to keeping readers informed about developments in Canadian mining law.

Three recent decisions from Ontario, Nova Scotia, and British Columbia may change the way in which pension litigation is funded in Canada and indicate that the courts may be taking a different approach to funding issues than in the past. Traditionally, in such cases, it was not uncommon for a plaintiff to be indemnified out of the pension fund thereby shielding unsuccessful plaintiffs from adverse costs awards.

A survey of some of the jurisprudential contexts in which legal drafting has been scrutinized by the courts. This paper also addresses some areas of contract law of continuing interest to solicitors drafting commercial agreements because the law impacts on drafting choices they will make.

Purchase and sale agreements are fundamental negotiating and drafting exercises in a corporate/commercial lawyer's practice. This paper was prepared for Insight's 2009 Negotiating and Drafting Major Business Agreements course.

Trustees must have a thorough understanding of their duties, as well as the sources of those duties, in order to avoid liability. If trustees are clear in their obligations they will be able to adopt procedures that afford them the greatest amount of protection possible.

This Financial Recovery Report contains articles of interest to businesses pursuing opportunities and businesses overcoming financial challenges presented by the current economic climate.

A brief overview of the basic principles of the law of defamation. Defamation is a "tort" or civil wrong for which a court, in a proper case, will provide the wronged party with a remedy in an action for damages.

This presentation provides an overview of property assessment and taxation scheme, an overview of critical property tax considerations for developers and tax planning considerations.

An outline of updates in property tax law in British Columbia, including information on Part 3 of Bill 45 (Economic Incentive and Stabilization Statutes Amendment Act, 2008). It was presented at the Canadian Property Taxation Association National Valuation & Legal Symposium Legal Panel in February 2009.

Article which appeared in The Defamation Column of Canadian Corporate Counsel, Vol. 18, No. 3 (Nov/Dec. 2008), detailing a British Columbia Supreme Court judge's dismissal of a defamation claim brought by Wayne Crookes.

Two recent Ontario decisions have broken with the precedent in which a municipal corporation had the same powers as any other corporate body, including the right to protect its reputation by suing in defamation in its own right. These two decisions have left in doubt whether municipal governments (outside Ontario) can sue for defamation.

In its 2007 decision in Cusson v. Quan, the Ontario Court of Appeal took note of public interest considerations in recognizing the "public interest responsible journalism" defence first articulated nearly ten years ago by the House of Lords.

The liberalization of the rules for the recognition and enforcement of judgments in many jurisdictions gives litigants more choices of forums to litigate in. It is no wonder that researching foreign law has become an essential component of legal research courses in major U.S. and U.K. law schools.

Supreme Court of Canada hears forum non convenient appeal.

On November 17, 2008, the Supreme Court of Canada heard the appeal in Teck Cominco Metals Ltd. v. Lombard General Insurance Company of Canada, a decision of the British Columbia Court of Appeal.

In British Columbia, as elsewhere, there exists a tension between, on the one hand, the need to disclose sufficient information to complete the roll and to appeal assessments, and on the other hand, the need to protect commercially sensitive information from unnecessary and potentially harmful exposure to competitors. It has generally fallen to the Property Assessment Appeal Board to attempt to strike the balance between these competing interests.

Concerns over global climate change have sparked a series of legislative and policy responses on the provincial, federal, regional, and international levels. The challenge of complying with climate change policy is that different governments have invoked a number of different policy tools to respond and adapt.

On July 17, 2008, the Supreme Court of Canada in Hydro-Québec v. Syndicat des employé-e-s de techniques professionelles et de bureau d'Hydro-Québec, 2008 SCC 43 clarified that there are limits to the employer's duty to accommodate.

Newsletter from the Labour and Employment Law Group.

On June 27, 2008, the Supreme Court of Canada released its decision in Keays v. Honda Canada Inc. and overturned the decision of the Ontario Court of Appeal and narrowed the scope of Wallace damages for the "bad faith" manner of dismissal.

The development of transportation infrastructure in the Lower Mainland depends on expropriation of private property. Practitioners should have a basic understanding of the process to answer typical questions clients ask when faced with the loss of property rights.

This paper addresses a number of issues with respect to the pollution exclusion clauses commonly contained in Commercial General Liability insurance policies. In particular, this paper considers how Canadian courts have interpreted and applied the standard wording of pollution exclusion clauses, and how they have decided coverage disputes involving pollution exclusion clauses.

Presentation given at Insight Information's 2nd Annual Conference on Heavy Oil Refining - Business Case and Environmental Sustainability, held in Edmonton, Alberta on May 30, 2008.

This is Lawson Lundell's web-based publication dedicated to keeping readers informed about developments in Canadian mining law.

A hallmark of the assessment and taxation of property in B.C. is the principle of equity: taxing authorities must deal even-handedly with all taxpayers in a municipality or rural area, and all taxpayers within a class must be treated in the same way. That is, properties with identifiable, similar attributes within a class should be assessed for taxation, e.g., classified, valued and subject to exemptions from assessment and taxation consistently, within a municipality or rural area.

A discussion of three recent decisions in the Yukon Supreme Court, the Federal Court of Canada and the Supreme Court of British Columbia, and their impact on the duty to consult and accommodate Aboriginal peoples; the environmental assessment of a proposed mining project; and Aboriginal title and rights.

Pension and benefit plan administrators are becoming increasingly familiar with litigation and in particular, class proceedings. We have seen a tremendous increase in both the number of pension and the breadth of issues raised in those actions. What are some winning strategies for defendants in pension class actions?

Energy Law Newsletter with a Feature Article on the Mackenzie Gas Project: Federal Court of Appeal Dismisses Appeal in Dene Tha' Case.

An overview of key legislative changes and legal developments relating to property tax in British Columbia in 2007, prepared for the National Valuation and Legal Symposium Cross-Canada Legal Panel.

On January 1, 2008, amendments to the B.C. Human Rights Code came into force which prohibit discrimination against persons age 65 or older. One of the primary effects of these changes is that mandatory retirement in B.C. is no longer permitted.

After 339 days of hearings over five years, and at a cost of almost $30 million, a court in British Columbia has expressed its opinion that the Tsilhqot'in Nation has aboriginal title to approximately 2,000 square kilometres of land, but stopped short of making that opinion legally binding by granting a declaration of aboriginal title.

The implied undertaking rule has been established as a part of the common law across Canada and in some provinces has been codified as a part of the rules of court. Despite the prevalence and prominence of the implied undertaking rule, interesting questions remain as to its rationale, scope, and implementation in practice. This paper will attempt to explore some of those issues.

On November 21, 2007, the Supreme Court of British Columbia released the decision of Mr. Justice Vickers in Tsilhqot'in v. British Columbia.

Energy Law Newsletter with a Feature Article on Residential Natural Gas Unbundling in BC.

Presentation at The Canadian Institute’s Course Series on Negotiating & Drafting Key Business Agreements.

This paper will first review the history of the conflict between class proceedings and arbitration in Canada, and then address whether Union des consommateurs v. Dell Computer Corp. has provided guidance that arbitration agreements should, in general, be respected and that class proceeding legislation should not be regarded as providing a substantive ground to negate an arbitrator’s jurisdiction.

This edition of the Energy Law Newsletter has stories from British Columbia, Alberta and the Northwest Territories.

Significant developments in forestry law in 2006 include the finalization and implementation of a new softwood lumber agreement between Canada and the United States and further judicial decisions on aboriginal rights to forest resources.

In finding that arbitration prevailed over class proceedings, the British Columbia Court of Appeal has effectively ruled that a wide range of pension disputes in British Columbia can be put in the hands of a private arbitrator, rather than be subject to class proceedings, if one of the parties to the disputes wishes to do so.

The Federal Court of Canada's decision in Ahousaht First Nation v. Canada (Fisheries and Oceans) is significant in that it emphasizes the reciprocal duty of First Nations in the consultation process, clarifies the nature of that duty and provides commentary on what comprises adequate and appropriate consultation.

Presentation prepared for CPTA in June 2007.

In the last decade, plaintiffs unhappy with the economic impact that decisions or actions of public authorities have had on them have increasingly turned to the tort of misfeasance in public office (also referred to as abuse of power or abuse of authority) as an avenue for obtaining compensation.

Litigation is a fact of life for pension and benefit plan administrators and sponsors. The scope, frequency and complexity of litigation in this area continue to increase each year. The purpose of this paper is to discuss and update the current trends in pension and benefits litigation as they relate to class actions.

Energy Law Newsletter with a Feature Article on new Federal and Alberta Climate Change Initiatives.

Effective January 1, 2008, employers in B.C. will no longer be entitled to have mandatory retirement policies requiring all employees to retire at age 65.

Newsletter from the Labour and Employment Law Group.

A presentation about the Alberta Electric System Operator System (AESO), which has the mandate to ensure that all Albertans receive safe, economic and reliable power today and in the future.

On February 27, 2007 British Columbia issued "The BC Energy Plan: A Vision for Clean Energy Leadership". The document is an extensive statement of provincial energy policy, and a roadmap for future government action in BC's energy sector.

The purpose of this paper is to highlight the distinction between benefits provided under benefit trusts and claims made under disability insurance policies. While the substance of the claim is generally the same, the different legal nature of the benefits payable under a benefit trust will likely result in the claim being adjudicated and litigated in a different manner.

Quarterly newsletter from the Energy Law Group.

This is Lawson Lundell's web-based publication dedicated to keeping readers informed about developments in Canadian mining law.