News & Publications Results
|“British Columbia Creditor’s Remedies, An Annotated Guide”||Annual, to date|
|Law Society Practice Checklists – Examination in Aid of Execution||Annual, to date|
|SCC Upholds Decision of the Alberta Human Rights Commission that Dismissal of Cocaine-Addicted Worker was not Discriminatory
In Stewart v. Elk Valley Coal Corp., 2017 SCC 30, the Supreme Court of Canada upheld a decision of the Alberta Human Rights Tribunal which found that the termination of an employee in a safety-sensitive environment who tested positive for cocaine after a workplace accident did not constitute unlawful discrimination.
|Anti-Spam Private Right of Action Suspended
The Government of Canada has suspended the implementation of the private right of action in Canada’s anti-spam legislation (CASL).
The provisions in connection with CASL’s private right of action were scheduled to come into force on July 1, 2017. They would have given people the ability to seek damages against those who contravene certain sections of CASL, including the provisions with respect to sending commercial electronic messages, as well as certain sections of the federal Personal Information Protection and Electronic Documents Act.
Read more here.
|Alberta Fair and Family-Friendly Workplaces Act
On June 7, 2017, Bill 17, the Fair and Family-Friendly Workplaces Act, received Royal Assent. The Act makes significant amendments to the Alberta Employment Standards Code (the “ESC”) and Labour Relations Code (the “LRC”). The changes will affect all provincially-regulated employers in the Province of Alberta, both unionized and non-unionized.
Read a summary of these changes in the PDF above.
|Foreclosure Practices 2017: “Costs and Protective Disbursements”, CLE of BC, (May 26, 2017), Author||26.5.17|
|Honesty is a Defensible Policy: Reference Checks
The Ontario Superior Court recently confirmed in Papp v. Stokes et al., 2017 ONSC 2357 that an employer will not be held liable for defamation when it provides a truthful reference about a former employee.
It is important to note that:
• an employer should be careful to ensure that the information provided is accurate and must not act with malice in providing a reference, which includes acting with a reckless disregard for the truth; and
• while not addressed in this particular decision, employers in some Canadian jurisdictions, including private-sector organizations in British Columbia, must ensure that they have consent before disclosing any personal information about a former employee under privacy legislation.
|Valerie Mann quoted in Business in Vancouver
Valerie Mann was quoted in Business in Vancouver’s article, “2017 BC CFO Awards winners drawn from high-calibre field” in which this year’s judges discussed the 2017 CFO Awards’ candidates.
|29 Lawson Lundell Lawyers Ranked Across 21 Practice Areas in 2017 Canadian Legal Lexpert® Directory||05.5.17|
|Heather Ferris featured in Global Restructuring Review’s ‘Women in Restructuring’ survey
Heather Ferris was profiled in the April 2017 edition of the Global Restructuring Review. This issue features women in restructuring and insolvency and examines their experiences working in the field.
|Sandra MacKenzie quoted in the Yellowknifer
On April 26, 2017, Sandra MacKenzie was quoted in the Yellowknifer's article, "Unpaid 911 cash goes to Stanton charity". Sandra was quoted as Chair of the Stanton Territorial Hospital Foundation.
|Briefing Note – Minister of National Revenue v. BP Canada Energy Company
In a judgment delivered March 30, 2017, the Federal Court of Appeal ("FCA") in Minister of National Revenue v. BP Canada Energy Company, 2017 FCA 61, unanimously upheld an appeal by BP (in dismissing the federal court judge's compliance order requiring BP to disclose its uncertain tax positions and underlying analysis contained in its tax accrual working papers ("TAWPs") pursuant to the Minister’s inspection powers in subsection 231.1(1) of the Income Tax Act (the "ITA"). This decision has had the effect of substantially overturning the judgment and statements of law made by the Federal Court of Canada ("FCC") where the judge ruled that the Minister has the statutory authority to request analysis and lists of tax risks and underlying analysis prepared in the course of an audit without justification - but it does not necessarily mean that TAWPs are always off limits from the Minister's investigatory powers.
|“People, corporate culture are fundamental to an M&A’s success” (April 4, 2017), Author
Valerie Mann discusses the importance of human dynamics in mergers and acquisitions in her Business in Vancouver column “People, corporate culture are fundamental to an M&A’s success.”
|Peter Roberts quoted in Business In Vancouver
On Monday, March 27th, Peter Roberts was quoted in the Business in Vancouver article, "Court approves first condominium sale under Bill 40." The article is the second in a two-part series examining the impact of Bill 40 on condominium owners. It focuses on the BC Supreme Court’s recent approval of the first sale of a condominium complex under the new provincial process.
|2017 Federal Budget: Key Tax Changes
The 2017 Federal Budget was released on March 22, 2017. The Budget announced that the federal government will be looking into:
1. Income sprinkling using private corporations
2. Holding a passive investment portfolio inside a private corporation
3. Converting a private corporation's regular income into capital gains
This article, prepared by our Tax Group, discusses highlights of the new budget.
|Freehold Lease Termination and Damages: The Post Stewart Estate World, CAPLA||14.3.17|
|Peter Roberts quoted in Business in Vancouver||14.3.17|
|Ontario Court of Appeal Judgment a Reminder of the Importance of Carefully Drafted Termination Clauses
In a recent decision, Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158, the Ontario Court of Appeal reversed a 2016 judgment of the Ontario Superior Court of Justice that had found a termination clause in an employee’s employment agreement enforceable. The consequence for the employer was that, instead of 13 weeks’ working notice and a lump sum equivalent to eight weeks’ pay, the employee was entitled to nine months’ reasonable notice.
|No Common Law Duty Requiring Employers to Reasonably Exercise their Discretionary Contractual Powers in Relation to their Employees
In a recent decision, Styles v. Alberta Investment Management Corporation, 2017 ABCA 1, the Alberta Court of Appeal reversed a 2015 judgement of the Alberta Court of Queen’s Bench that had recognized a common law duty requiring employers to reasonably exercise their discretionary contractual powers in relation to their employees. The Court of Appeal found that such a duty is not one that should be imposed upon employers.
|BC Budget Update - Corporate Tax Cut
The small business corporate income tax rate will be reduced from 2.5% to 2% effective April 1, 2017. This means that the combined Federal and Provincial tax rate for small business income, up to $500,000 per year, will be 12.5% in British Columbia (subject, of course, to any changes coming in the Federal Budget).