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Have Your Say: Ontario Securities Commission Consults on Introducing a “Comply or Explain” Model to Promote Gender Diversity on Corporate Boards
Lawson Lundell LLP, September 2013

Gender diversity on corporate boards is a hot issue in Canada.  A recent report by TD Economics showed the extent of the disparity between Canada and other developed economies.  Women represent only 11% of board members for companies in the S&P/TSX Composite Index, with 43% of boards being all-male and 28% having just one female board member...

Energy Law Bulletin: Alberta’s New Energy Regulatory Regime Takes Shape
Lawson Lundell LLP, August 2013

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...

Labour & Employment Law Bulletin: Changes to the Temporary Foreign Worker Program
Lawson Lundell LLP, August 2013

Effective July 31, 2013 the Federal Government announced new rules relating to the temporary foreign worker program. It has advised that the changes are being made to ensure that Canadians are given the first chance at available jobs.  The changes include the following: 1.    Employers must now pay a processing fee for a Labour Market Opinion (“LMO”) of $275 for each position requested.  This is estimated to cover the cost of the LMO...

The Top 10 Differences Litigating in Canada Versus the U.S.A.
Lawson Lundell LLP, July 2013

An American organization that finds itself involved in litigation in Canada, or an American attorney advising such an organization, will find most aspects of the Canadian civil justice system to be familiar. The legal systems of the two countries are comparable in many respects, they share common historical antecedents, and their core values are the same...

Labour & Employment Law Bulletin: Supreme Court of Canada Upholds Labour Arbitration Board Decision Rejecting Random Alcohol Testing
Lawson Lundell LLP, June 2013

On Friday June 14, 2013, the Supreme Court of Canada released its eagerly-awaited decision, Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., 2013 SCC 34, a case concerning random alcohol testing at a paper mill operation in  Saint John, New Brunswick...

A Framework Emerges - Recent Developments in the Law of Intentional Economic Torts
Lawson Lundell LLP, May 2013

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...

Opt-in Not an Option: How to Comply with the New Anti-Spam Law
Lawson Lundell LLP, May 2013

Canada’s new anti-spam law (the CASL) is expected to come into force later this year. This Act is designed to create a safer online environment for individuals and businesses in Canada. From a business perspective, it will change how some routine daily activities – such as distributing commercial electronic messages (CEM) to customers – are executed. Currently, a majority of businesses rely on implied consent when they send CEM to customers...

New Anti-Spam Laws Target a Safer Online World
Lawson Lundell LLP, May 2013

It is expected that Canada's new Anti-Spam Legislation (CASL) will come into force later this year, and with it will come significant changes for how businesses and individuals may send people "commercial electronic messages" (CEM), including emails or text messages.CASL aims to create a safer online environment by targeting issues relating to spam, such as unsolicited commercial messages, phishing and unauthorized installation of software...

Labour & Employment Law Bulletin: WorksafeBC Approves Workplace Anti-Bullying and Harassment Policies
Lawson Lundell LLP, May 2013

On April 24, 2013, WorkSafeBC announced the approval of new Occupational Health and Safety Workplace Bullying and Harassment Policies, which come into effect on November 1, 2013...

B.C.’s New Family Law Act and Division of Pension Rules Now in Force
Lawson Lundell LLP, March 2013

The new Family Law Act (“FLA”) came into force today, March 18, 2013. It replaces and repeals the Family Relations Act (“FRA”). The FLA carries forward the basic structure established under the FRA, with some fine tuning to deal with issues not adequately addressed under the FRA. This bulletin highlights the major changes to pension division under the new FLA...

Mining Report: Alliances set stage for the future
Lawson Lundell LLP, March 2013

Mining has become one of the largest industries in British Columbia, and Vancouver is considered by many to be the world's leading centre of expertise for mineral exploration, with some 1,200 exploration companies located in the province. As a result, many British Columbians have a disproportionate stake in what lies ahead for the mining industry. In 2011, B.C...

Women's Day Brings Legal Rights in Workplace Closer to Home
Lawson Lundell LLP, March 2013

It is International Women's Day today, March 8 – an opportunity to bring the challenges women face in the workplace to the fore. Laws to protect women being discriminated against in the workplace because of their "family status" have existed for some time. What has been less clear is what the legal definition of "family status" means. Even at the highest court level, it's unclear as there have been few decisions to help define the term...

The Reemergence of Strategic Alliances in Mineral Exploration
Lawson Lundell LLP, February 2013

The mining sector is affected by constant changes in the market, along with exploration results and discoveries. The fast pace of this change results in trends developing on a micro or macro scale, and one of the re-emerging trends seen in the industry today is the use of strategic alliances for mineral exploration purposes.   The nature and terms of a strategic alliance can vary greatly, depending upon the objectives of the parties...

Bare Trusts and Multifamily Rental Housing
Lawson Lundell LLP, February 2013

Bare trusts are increasingly being used when investors acquire investment properties as they provide a number of significant advantages. Anyone considering purchasing an apartment building should fully examine the potential use of a bare trust arrangement. What is a bare trust? A bare trust is a legal structure that facilitates the division of the beneficial and legal ownership...

Yukon’s Free Entry Claim Staking Violates the Crown’s Duty to Consult Aboriginals
Lawson Lundell LLP, January 2013

On December 27th, 2012, the Court of Appeal for Yukon released its decision in Ross River Dena Council v. Government of Yukon, 2012 YKCA 14.  The case dealt with the Yukon Government’s duty to consult with First Nations when allowing mineral claims to be recorded on land with asserted Aboriginal rights and title claims. The case arose as a result of the “open entry” claim staking system and in particular, as a result of the Yukon Quartz Mining Act, S.Y. 2003, s. 14 (the Act)...

Whoa! Developers: Court May no Longer be the Answer
Lawson Lundell LLP, January 2013

A recent Supreme Court of Canada decision addressed a number of thorny issues relevant to commercial real estate disputes including whether a Plaintiff must mitigate its damages where it has made a claim for specific performance of a real estate contract. The decision has wide-ranging implications for commercial real estate developers...

Illegal Contracts and Unjust Enrichment: Who Wins Out?
Lawson Lundell LLP, November 2012

What is an illegal contract and is it enforceable?  If an illegal contract is unenforceable, does the party who received its benefit get to keep that windfall?  The short answer to the first question is that a contract is illegal when it is either contrary to a statute or is contrary to public policy.  Generally, illegal contracts are not  enforceable.  The answer to the second questions is “it depends”...

BC Ferries Wins Property Assessment Appeal Board Decision
Lawson Lundell LLP, November 2012

On Monday October 29, 2012 the B.C. Property Assessment Appeal Board released an important decision reducing the assessed value for property tax of the upland land and improvements at the Horseshoe Bay Ferry Terminal to a nominal value...

Employees’ Digital Privacy in the Workplace: Supreme Court of Canada
Lawson Lundell LLP, November 2012

The Supreme Court of Canada decision in R v Cole, 2012 SCC 53 may have a significant impact on how employers manage the use of digital devices in the workplace. While a constitutional and criminal decision at its core, the case nevertheless recognizes the importance of employees’ reasonable expectation of privacy when using work computers and other digital devices. In Cole, the accused was a high school teacher who was issued a laptop computer by his employer...

Alberta to Repeal Exemption for Critical Transmission Infrastructure
Lawson Lundell LLP, October 2012

Since 2009, the Alberta government has  reserved for itself the right to exempt electricity transmission  projects from review by the Alberta Utilities Commission.   Exempted projects have been referred to as Bill 50 Projects, Bill 50 being the name of the law when it was first proposed...

Order is Restored - Only Registered Shareholders Can Exercise Dissent Rights
Lawson Lundell LLP, October 2012

In general, corporate legislation in Canada provides that if a corporation engages in specific types of transactions, such as an arrangement or amalgamation, shareholders are entitled to vote against the transaction. If the transaction is nevertheless approved, shareholders can then exercise a right to dissent and be paid fair value for their shares. Last month, I blogged that a chambers judge in the Yukon had allowed beneficial shareholders to exercise a right of dissent...

Alberta Court of Appeal Leaves Question of ERCB’s Jurisdiction to Assess Crown Consultation to Another Day
Lawson Lundell LLP, October 2012

The Alberta Court of Appeal has denied the Cold Lake First Nations’ (CLFN) application to appeal a decision by Alberta’s Energy Resources Conservation Board (ERCB) that it did not have the jurisdiction to determine the adequacy of Crown  consultation in respect of a bitumen recovery project within the CLFN’s  treaty territory...

Supreme Court of Canada Releases Decision on Commercial Real Estate Development: Specific Performance vs. Damages and Mitigation
Lawson Lundell LLP, October 2012

The Supreme Court of Canada released its decision today in Southcott Estates Inc. v. Toronto Catholic District School Board, 2012 SCC 51 which addressed a number of thorny issues relevant to commercial real estate disputes including whether a Plaintiff must mitigate its damages where it has made a claim for specific performance of a real estate contract.  The decision has wide-ranging implications for Commercial Real Estate developers...

B.C. Mining Project Denied
Lawson Lundell LLP, October 2012

B.C. Environment Minister Terry Lake and Energy, Mines and Natural Gas Minister Rich Coleman refused to issue an Environmental Assessment Certificate (“EAC”) to Pacific Booker Minerals Inc. for its proposed Morrison Copper/Gold Mine project near Smithers, at the headwaters of the Skeena River...

Flexibility Key to Revised Pensions Benefits Standards Act
Lawson Lundell LLP, June 2012

Employers and employees in B.C. will soon benefit from a long-awaited and wide-ranging overhaul to the Pensions Benefits Standards Act (PBSA). Significant changes to how pensions are structured and administered in B.C. have followed the passing of Bill 38 on May 31, 2012. The Bill repeals and replaces the PBSA, which has remained largely unchanged since it was first introduced in 1993...

 

 

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