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Lawson Lundell LLP | June 2014

After 115 years under the old regime, the new Water Sustainability Act received Royal Assent on Friday May 20, 2014: an historic occasion to celebrate? Not quite yet, perhaps. The fact is the vast majority of the new statute will not have the force of law until authorized by the Lieutenant Governor in Council at an unspecified future date (section 219).   With new water regulations not expected until the spring of 2015, it seems that the new Act will not be binding until that time ...

Lawson Lundell LLP | June 2014

As a firm with deep roots in Western Canada we can assist you in navigating the laws and regulations to establish, acquire or invest in a business operating in the region. Western Canada is among the most robust economic areas of the country with extensive resource activity in energy, mining and forestry. This guide has been prepared by Lawson Lundell as a concise resource outlining certain key relevant laws and regulations that companies should consider when doing business in Canada ...

Lawson Lundell LLP | May 2014

The Supreme Court of Canada has provided some important guidance regarding who qualifies as an “employee” under the British Columbia Human Rights Code in the case of McCormick v. Fasken Martineau DuMoulin LLP 014 SCC 39). Mr. McCormick was an equity partner at Fasken. The Fasken Partnership Agreement required Mr. McCormick to divest his ownership in the partnership and retire at the end of the year in which he turned 65. Mr ...

Lawson Lundell LLP | April 2014

On April 15, 2014, the Office of the Information and Privacy  Commissioner for British Columbia (the “Privacy Commissioner”) issued a report regarding the use of police information checks in British Columbia (the “Report”). The main focus of the Report is the scope of information provided in police information checks ...

Lawson Lundell LLP | February 2014

On January 31, 2014, the Supreme Court of Canada released its decision in A.I. Enterprises Ltd. v. Bram Enterprises Ltd., 2014 SCC 12. This is an important commercial decision as it clarifies and narrows the scope of the tort of unlawful interference in economic relations. Canadian businesses will also welcome the Court's reference to commercial certainty as one of the principal reasons to clarify and limit the scope of this tort ...

Lawson Lundell LLP | February 2014

"Should I stay or should I go?" may be the question an employee asks himself when he faces a difficult working environment and considers filing for constructive dismissal. Constructive dismissal is when an employer indirectly encourages an employee to resign by failing to comply with the employment contract or one sidedly changing the employment terms without the employee's consent ...

Lawson Lundell LLP | February 2014

The moniker "spam" for unsolicited and often indiscriminate electronic communications to multiple mailing lists, individuals, or newsgroups derives from a famous sketch in  the British television comedy series Monty Python's Flying Circus. However, these days spam is no joke. It is a scourge on modern communications ...

Lawson Lundell LLP | November 2013

BackgroundOn June 12, 2013, the Canadian government announced its intention to introduce new legislation requiring the disclosure of payments made by Canadian extractive resource companies to domestic and foreign governments. While the United States and European Union have both already taken steps towards implementing mandatory payment reporting requirements for their mining, oil, and gas companies, Canada has now also joined the global movement towards transparency in this regard ...

Lawson Lundell LLP | November 2013

In a highly-anticipated and extremely significant pair of decisions for businesses and consumers alike, the Supreme Court of Canada (“SCC”) ruled on Thursday (October 31, 2013) that the ultimate consumers at the end of a supply chain can effectively leap-frog the supply chain by having direct legal recourse in a class action against a manufacturer who illegally overcharged for the product supplied ...

Lawson Lundell LLP | November 2013

The Jobs, Growth and Long-Term Prosperity Act was passed by the federal government in 2012, which includes changes that will affect long-term disability (“LTD”) plans provided by federally regulated employers. This will impact employers in the banking, marine, transportation, telecommunication and other federally regulated industries ...

Lawson Lundell LLP | October 2013

Earlier this year the federal government made changes to Canada’s temporary foreign worker program with the stated purpose of ensuring that Canadians are given the first opportunity to apply for available jobs. Most temporary foreign workers require a work permit to legally work in Canada. In many instances, the employer must first obtain a positive Labour Market Opinion (LMO) from Service Canada before the worker can apply for a work permit ...

Lawson Lundell LLP | October 2013

Each summer, I review judgments dealing withcontract law issues looking for decisions of relevance to commercial lawyersand business leaders.[1]  Contract law principles typically do notchange overnight; rather, they are modified incrementally.  Where I find a case that illustrates anincremental change, I use it as a springboard for discussing the state of thelaw on the particular issue and how it affects commercial practice ...

Lawson Lundell LLP | October 2013

BackgroundOver the last 15years, governments around the world have indicated their willingness to implement laws prohibiting the bribery of foreign public officials (a “Foreign Official”) in connection with attempting to secure a business advantage.  While Canada has had anti-corruption legislation in place since 1998 in the form of the Corruption of Foreign Public Officials Act (Canada)1 (the “CFPOA”), it has been limited in scope and minimally enforced by Canadian authorities ...

Lawson Lundell LLP | September 2013

On September 26, 2013 the Supreme Court released its decision in the Envision1 case. The case deals with the amalgamation of two credit unions, but has broader implications for the tax treatment of amalgamations in Canada, and will be of interest to Canadian corporations contemplating a merger in the future. In 2001, two BC credit unions amalgamated to form Envision. The transaction was undertaken for non-tax reasons, but structured to obtain a particular tax outcome ...

Lawson Lundell LLP | September 2013

I. Introduction The development of projects and business opportunities, particularly in the natural resource industries, requires government decision making, from the issuance of resource tenures, through environmental assessment of proposed works and activities, and through licences, permits and authorizations ...

Lawson Lundell LLP | September 2013

The Supreme Court of Canada recently reiterated that restrictive covenants that arise in the context of the sale of a business will be treated differently and more generously than those that arise in the context of a contract of employment.  While the case arose under the Civil law of Quebec, it clearly has implications for the Common law regimes in the rest of Canada ...

Lawson Lundell LLP | September 2013

Starting a business venture with others is an exciting prospect.  However, because owners tend to put (understandably) on getting the company off the ground, they the important step of putting in place a business agreement founding partners., commonly known as shareholder agreements, are vital and understanding between investors on key matters relating to the company ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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