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"Additional Rent" and a Tenant's "Proportionate Share"
Lawson Lundell LLP, September 2014

Most commercial leases contain terms that require tenants to pay additional rent. Additional rent is usually a share of the costs and charges incurred to operate the property. These costs can include municipal taxes, insurance premiums, repair and maintenance costs and common area utility charges. In any given year, these charges change and fluctuate.  Landlords often provide an annual estimate which tenants pay subject to a year-end reconciliation...

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...

A Regulatory Roadmap: Successfully Navigating Oil and Gas Licensing Regimes in the North
Lawson Lundell LLP, January 2007

This paper was presented at The Canadian Institute’s 2nd Annual Oil & Gas Law Summit Overcoming the Regulatory Challenges and Uncertainties to Keep Your Project on Track on January 22 – 23, 2007 in Calgary, Alberta. Oil and gas exploration in Canada’s North has a long history that dates back to the oil well drilled in Norman Wells in 1920. The North is recognized as holding a significant portion of Canada’s potential for undeveloped oil and gas...

Aboriginal and Forestry Law Update - December 2006
Lawson Lundell LLP, December 2006

The Sappier Decision: Supreme Court of Canada Recognizes Aboriginal Right to Timber for Domestic Purposes and Clarifies Requirements for Establishing an Aboriginal RightOn December 7, 2006, the Supreme Court of Canada handed down its decision in the cases of Gray v. R and R. v. Sappier and Polchies...

Aboriginal Caselaw Summary: Ahousaht First Nation v. Canada (Fisheries and Oceans)
Lawson Lundell LLP, July 2007

The Federal Court of Canada recently released its decision in Ahousaht First Nation v. Canada (Fisheries and Oceans)(1). The case considered an application by 14 First Nations represented by the Nuu-chah-nulth Tribal Council (“NTC”) for judicial review of a decision of the Minister of Fisheries and Oceans regarding the implementation of a commercial groundfish pilot plan on the British Columbia coast (the “Pilot Plan”)...

Aboriginal Title Declaration Dismissed, for Now: Tsilhqot'in Nation v. British Columbia
Lawson Lundell LLP, November 2007

On November 21, 2007, the Supreme Court of British Columbia released the decision of Mr. Justice Vickers in Tsilhqot’in Nation v. British Columbia(1). The decision dealt with a claim brought by Chief Roger William of the Xeni Gwet’in First Nation, on behalf of the Xeni Gwet’in First Nation and the Tsilhqot’in Nation...

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...

Alberta Court of Appeal to Review AEUB Powers to Include or Remove Property of a Utility in Rate Base
Lawson Lundell LLP, November 2007

The Alberta Court of Appeal recently granted Atco Gas and Pipelines Ltd.’s (ATCO) application for leave to appeal AEUB Decisions 2005-63 and 2007-005 and Interim Order U2005-133. In those decisions the AEUB required ATCO to maintain certain natural gas reservoir storage assets (the “Carbon Facilities”) in rate base...

Alberta Energy and Utilities Board to Decide Who Owns Coalbed Methane in Alberta
Lawson Lundell LLP, October 2006

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...

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...

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...

B.C. Oil and Gas Activities Act in Force
Lawson Lundell LLP, October 2010

On October 4, 2010, the British Columbia Oil and Gas Activities Act(1)  (“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...

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...

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...

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...

BC Privacy Commissioner Issues Two Decisions that Address "Employee Personal Information"
Lawson Lundell LLP, February 2007

The BC Privacy Commissioner recently issued two decisions which address “employee personal information”, as well as some other issues of interest under the BC Personal Information Protection Act (“PIPA”)...

BC's New "Green" Energy Plan
Lawson Lundell LLP, March 2007

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

British Columbia Action on GHG Emission Reductions
Lawson Lundell LLP, November 2007

In his September address to the Union of B.C. Municipalities, the Premier announced that the Western Climate Initiative is working collaboratively to develop a cap and trade system by next August. British Columbia will also require hard caps on GHG emissions from all heavy emitters in B.C. All ministries and Crown agencies will be legally required to be carbon neutral by 2010 – “no ifs, ands or buts”...

British Columbia Law Institute Publishes Consultation Paper on Complex Stratas
Lawson Lundell LLP, September 2016

The British Columbia Law Institute published on September 1, 2016 its Consultation Paper on Complex Stratas seeking public comments on proposed reforms to the Strata Property Act and its regulations concerning sections, types, and phases. The BCLI carries out scholarly research, writing and analysis for law reform, collaborating with government and other entities, and providing materials and support for outreach and public information...

British Columbia Legal Update Prepared for the 39th Annual Canadian Property Tax Association National Workshop - September 25-28, 2005
Lawson Lundell LLP, September 2005

BRITISH COLUMBIA LEGAL UPDATE Prepared for 39th Annual Canadian Property Tax Association National Workshop Cross Canada Legal Panel September 25 – 28, 2005 INTRODUCTION The following is an overview of legislative changes and caselaw developments in British Columbia property assessment and taxation since last September’s session. 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...

Canada Joins the Global Push towards Mandating Disclosure of Payments to Governments
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...

Canada Takes on Spam, Spam, Spam, Spam, Spam (1) Fighting Internet and Wireless Spam Act
Lawson Lundell LLP, February 2011

The Federal government’s legislation to control spam and other ills of the electronic age with the oh-so-catchy title of  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

Changes to Post-Retirement Healthcare Benefits: A Case Comment on B.C. Nurses’ Union v. Municipal Pension Board Trustees
Lawson Lundell LLP, May 2006

In recent times, the issue of post-retirement healthcare benefits has taken on new significance for employers and sponsors of pension and health and welfare plans. Factors such as increasing numbers of retirees, rising drug and healthcare costs and government cutbacks to universal healthcare programs are causing organizations to re-evaluate the extent to which they can or are willing to continue to provide post-retirement healthcare benefits...

Changes to the Labour Market Opinion (LMO) Program
Lawson Lundell LLP, June 2009

The Labour Market Opinion (LMO) program of Service Canada has recently changed:  extension applications for LMOs are no longer permitted.  Instead, each request to continue to employ a foreign worker will be treated as a new LMO request and will need to be supported by evidence of updated recruitment activity...

Chaoulli v. Quebec (Attorney General): The Supreme Court of Canada Sets the Stage for Fundamental Health Care Reform
Lawson Lundell LLP, June 2005

Introduction: On June 9, 2005 the Supreme Court of Canada released its landmark decision in Chaoulli v. Quebec (Attorney General) in which a majority of the Court struck down provisions of Quebec’s Health Insurance Act and Hospital Insurance Act which prohibit private insurance for health care services that are available in the public health care system...

 

 

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