News & Publications Archive

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.

This paper provides a guide to the regulatory approval processes for oil and natural gas exploration and production in the Northwest Territories, which holds an estimated 33% of Canada’s remaining conventionally recoverable natural gas resources and 25% of the remaining recoverable resources of light crude oil.

The Sappier Decision: Supreme Court of Canada Recognizes Aboriginal Right to Timber for Domestic Purposes and Clarifies Requirements for Establishing an Aboriginal Right.

Quarterly newsletter from the Energy Law Group.

In October 2004, the Supreme Court of Canada (“SCC”) issued its decision in Peoples Department Stores Inc. (Trustee of) v. Wise. It was hoped that this decision would clarify, once and for all, to what extent directors of insolvent or “near-insolvent” corporations are required to consider and take into account the interests of creditors when making governance decisions.

The issue of coalbed methane (CBM) ownership, frequently disputed between coal rights holders and holders of mines and minerals rights other than coal, has been the subject of numerous recent applications to the Alberta Energy and Utilities Board (AEUB). The AEUB recently announced that it will hold a hearing relating to legal entitlement of CBM on split-title freehold mineral lands in Alberta.

For many years, parties have created various legal tools to grant others the right to use a portion of their lands. Prior to the imposition of statutory controls on the subdivision and leasing of land, this could simply be accomplished by the property owner granting exclusive possession over a portion of their land to a tenant by way of a lease. In many situations, rather than a fee simple or leasehold subdivision, the goals of the parties can be achieved by the granting of an easement in favour of one party by the other.

Hotel development and financing has always been a challenging area of real estate development. Conventional real estate lenders do not like the long time it takes for a new hotel to build a customer base and become profitable. Combined with cyclical tourism markets and smaller resale markets, many lenders are not keen to service this market. One principle source of financing in recent years is the development of strata hotels and fractional ownership structures that have achieved various degrees of success.

Quarterly newsletter from the Energy Law Group.

This paper provides information on four topics that should be useful to developers of resort properties, as well as potential buyers and investors in resort property strata units, homes or commercial enterprises. The four topics are: the unique characteristics and issues of utility services; who are the utility regulators and what do they do?; From whom, and under what terms, are utility services available?; and a summary of issues for developers and investor-owners.

Two Supreme Court of Canada November 2004 landmark decisions provide a preliminary outline of the parameters of the Crown’s duty to consult and, where appropriate, accommodate Aboriginal peoples in circumstances where Aboriginal interests have been asserted, but not proven. The decisions also provide a framework for Aboriginal consultation activity related to potential infringements of Aboriginal rights caused by land and resource development activities.

Enacted in 1990, the Metis Settlements Act proposed a statutory framework which addressed the desire of Metis for legal recognition of their settlement land base and their corresponding desire for self government and control over that land base. The effect of the legislation has been to provide Metis people with a voice in how oil and gas operations are conducted on settlement lands.

The Uniform Law Conference of Canada recently drafted a report that addressed the desirability of allowing national or multi-jurisdictional class actions.

The importance of renewable energy resources cannot be overstated. In a climate of rising oil and natural gas prices, enhanced environmental awareness and increasing evidence that fossil fuel supplies are finite, politically vulnerable and environmentally taxing, renewable energy is a promising energy alternative. While not totally without impact on the environment, renewable energy is cleaner than fossil fuels and, by definition, cannot be depleted.

Aboriginal rights, title and treaty issues are one of the most significant legal issues currently facing the oil and gas industry in Western Canada. This paper provides an overview of the current legal context respecting aboriginal rights, title and treaty issues in Western Canada and its impact on the oil and gas industry. It also includes some comments on one commonly used means to reduce uncertainty in relation to consultation issues, namely, impact and benefit agreements.

A review of the Courts’ approach to the concepts of consultation, accommodation, and justification in the post-treaty context. This consideration will begin with the numbered treaties and then compare the approach to consultation that appears to be reflected in modern land claims agreements and treaties, including the various agreements-in-principle currently under negotiation under the auspices of the British Columbia Treaty Commission. Essentially, the issue under consideration is how, and to what extent, the concepts of consultation, accommodation and justification may continue to apply with respect to land and resource decisions on Crown land in the post-treaty context.

Quarterly newsletter from the Energy Law Group.

National Instrument 43-101 is a rule issued by the Canadian Securities Administrators to develop uniform Canadian standards to govern how issuers disclose scientific and technical information about mineral projects to the public. Its aim was to restore public confidence in mining-related stocks by enhancing the accuracy and integrity of public disclosure in the mining sector.

A brief overview of topical issues relating to British Columbia property assessment and taxation, including the parking site tax, prepared for the Canadian Property Tax Association Western Chapter 2006 Education Seminar Legal Panel.

Over the past few years, courts in Canada have faced the apparent conflict between competing statutory mandates with respect to class proceedings and arbitrations. The British Columbia Court of Appeal resolved the statutory conflict by requiring a court to weigh the circumstances of each case to determine whether a class proceeding or arbitration is the preferable procedure.

Supreme Court of Canada Protects Property Rights of Public Utilities.

Quarterly newsletter from the Energy Law Group.

There appears to be a perception that income trusts do not do as good a job with governance as regular corporations. On October 19, 2005 the Globe and Mail printed a summary piece on income funds, which commenced with the following comment: “Canada’s largest income trusts may have the heft to play in the benchmark index majors, but when it comes to corporate governance practices, they are still in the minor leagues.”

The Mikisew Cree Decision: Balancing Government’s Power to Manage Lands and Resources with Consultation Obligations under Historic Treaties.

Hembruff v. Omers: Ontario Court of Appeal Rejects Notion of a Duty to Disclose Potential Pension Plan Changes.

Quarterly newsletter from the Energy Law Group.

A review of the approach of the Courts (and the issues currently before the Courts) to the concepts of consultation, accommodation, and justification in the post-treaty context—specifically in relation to the numbered treaties. In addition, we consider the approach to consultation that appears to be reflected in modern land claims agreements and treaties.

The National Venture Capital Association (US) has prepared various model venture capital documents for use in the industry, including a term sheet (the “NVCA Term Sheet”). This paper covers the NVCA Term Sheet from a Canadian perspective and outlines the key terms for a venture capital investment drawing on the provisions of the NVCA Term Sheet.

This paper is intended to be an overview of various issues and potential pitfalls that inevitably will arise in the course of attempting to collect on a debt claim from the time the debt becomes due all the way through to the enforcement of a court judgment based on the debt claim.

Two Supreme Court of Canada November 2004 landmark decisions provide a preliminary outline of the parameters of the Crown’s duty to consult and, where appropriate, accommodate Aboriginal peoples in circumstances where Aboriginal interests have been asserted, but not proven. The decisions also provide a framework for Aboriginal consultation activity related to potential infringements of Aboriginal rights caused by land and resource development activities. These decisions are also significant for practitioners of administrative law given the Supreme Court’s reliance upon administrative law principles.

There are many enumerated acts of bankruptcy in the Bankruptcy and Insolvency Act, but most creditors will rely on the ground that the debtor has ceased to meet his liabilities generally as they become due. It is also important to note that a debtor be unable to pay liabilities as they become due – as opposed to being able but unwilling.

This paper will consider the background of the move to eliminate mandatory retirement, and after considering the arguments for and against mandatory retirement, the implications of a ban on mandatory retirement for the human resource practices of employers in British Columbia will be examined.

An overview of legislative changes and caselaw developments in British Columbia property assessment and taxation in the past year. The review is not intended to be exhaustive, but instead to provide a cross-section of topical cases which may be of interest both to the B.C. chapter and the national membership. The focus lies on stated case decisions.

Quarterly newsletter from the Energy Law Group.

On July 20, 2005 the Supreme Court of Canada overturned Court of Appeal decisions from New Brunswick and Nova Scotia finding that Mi’kmaq people have a treaty right to harvest timber for commercial purposes. In so doing, the Court also provided guidance on how to assess aboriginal title claims. The decision is therefore of significance to forestry and other resource sectors in British Columbia and other parts of western and northern Canada where aboriginal title claims remain outstanding.

Supreme Court of British Columbia Upholds Unequal Reduction of Benefits in Multi-Employer Plan.

The Business Corporations Act (Alberta) has been amended to provide for the establishment of unlimited liability corporations (ULCs), which have been used for cross-border tax planning for a number of years. Lawson Lundell has extensive experience in structuring transactions that utilize ULCs.

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. This is a brief overview of the statutory basis of duties and powers of the Assessor and the Board in the context of recent developments in the case law concerning the application of equity in assessments, and some practical observations on the use of equity in an assessment appeal.

A brief overview of the principles of classification of industrial properties in the context of a review of recent classification decisions. Under s. 19(14) of the B.C. Assessment Act, R.S.B.C. 1996, c. 20 and the Prescribed Classes of Property Regulation (B.C. Reg. 438/81), real property in B.C. is classified for the purposes of assessment and taxation into one or more of eight property classes.

New Federal Plan for Kyoto Commitment Implementation.

Quarterly newsletter from the Energy Law Group.

Unlimited Liability Companies (“ULC”) have become useful vehicles for the acquisition of a Canadian business by a U.S. investor. This paper summarizes the advantages of using a ULC, the treatment of a ULC in Canada and in the U.S. and the use of a ULC in a factual setting involving the acquisition of a Canadian business.

On March 24, 2005, Bill C-43 was tabled in the House of Commons. Parts 13, 14 and 15 of Bill C-43 contain federal government measures for implementation of the Kyoto Protocol to the United Nations Framework Convention on Climate Change. The Kyoto Protocol came into force on February 16, 2005.

Quarterly newsletter from the Energy Law Group.

Two 2004 Supreme Court of Canada decisions in Haida Nation and Taku River Tlingit have provided greater clarity regarding the role and responsibilities of government, aboriginal groups and industry in consultations with aboriginal communities and accommodation of aboriginal concerns.

Quarterly newsletter from the Energy Law Group.