News & Publications Results
|Cross-Canada Legal Update
An outline of updates in property tax law in British Columbia, including information on Part 3 of Bill 45 (Economic Incentive and Stabilization Statutes Amendment Act, 2008). It was presented at the Canadian Property Taxation Association National Valuation & Legal Symposium Legal Panel in February 2009.
|Just a click away?: Internet hyperlinks and defamation liability
Article which appeared in The Defamation Column of Canadian Corporate Counsel, Vol. 18, No. 3 (Nov/Dec. 2008), detailing a British Columbia Supreme Court judge's dismissal of a defamation claim brought by Wayne Crookes.
|Safe to Slander City Hall? Ontario Court Bars Defamation Suits by Government Bodies
Two recent Ontario decisions have broken with the precedent in which a municipal corporation had the same powers as any other corporate body, including the right to protect its reputation by suing in defamation in its own right. These two decisions have left in doubt whether municipal goverments (outside Ontario) can sue for defamation.
|Cusson v. Quan: The "Responsible Journalism" Defence Comes to Canada
In its 2007 decision in Cusson v. Quan, the Ontario Court of Appeal took note of public interest considerations in recognizing the "public interest responsible journalism" defence first articulated nearly ten years ago by the House of Lords.
|Lawson Lundell forms Financial Recovery Group
To better assist our clients through uncertain economic times, Lawson Lundell LLP announces the formation of its Financial Recovery Group.
|Researching Foreign Law, Legal Research Course, Continuing Legal Education Society of B.C.
The liberalization of the rules for the recognition and enforcement of judgments in many jurisdictions gives litigants more choices of forums to litigate in. It is no wonder that researching foreign law has become an essential component of legal research courses in major U.S. and U.K. law schools.
|Supreme Court of Canada Appeal
Supreme Court of Canada hears forum non convenient appeal.
On November 17, 2008, the Supreme Court of Canada heard the appeal in Teck Cominco Metals Ltd. v. Lombard General Insurance Company of Canada, a decision of the British Columbia Court of Appeal.
|“Disclosure and Access to Information British Columbia Taxpayer Perspective”
In British Columbia, as elsewhere, there exists a tension between, on the one hand, the need to disclose sufficient information to complete the roll and to appeal assessments, and on the other hand, the need to protect commercially sensitive information from unnecessary and potentially harmful exposure to competitors. It has generally fallen to the Property Assessment Appeal Board to attempt to strike the balance between these competing interests.
|Climate Change Bulletin - Legislative & Policy Initiatives: International, Regional, Federal & Provincial
Concerns over global climate change have sparked a series of legislative and policy responses on the provincial, federal, regional, and international levels. The challenge of complying with climate change policy is that different governments have invoked a number of different policy tools to respond and adapt.
|Supreme Court of Canada Clarifies the Duty to Accommodate
On July 17, 2008, the Supreme Court of Canada in Hydro-Québec v. Syndicat des employé-e-s de techniques professionelles et de bureau d'Hydro-Québec, 2008 SCC 43 clarified that there are limits to the employer's duty to accommodate.
|Labour and Employment Law Newsletter - Summer 2008
Newsletter from the Labour and Employment Law Group.
|Supreme Court of Canada Issues Landmark Employment Law Decision in Keays v. Honda Canada Inc.
On June 27, 2008, the Supreme Court of Canada released its decision in Keays v. Honda Canada Inc. and overturned the decision of the Ontario Court of Appeal and narrowed the scope of Wallace damages for the "bad faith" manner of dismissal.
|Real Estate - Special Topics: Expropriation from the Property Owner’s Perspective"
The development of transportation infrastructure in the Lower Mainland depends on expropriation of private property. Practitioners should have a basic understanding of the process to answer typical questions clients ask when faced with the loss of property rights.
|Pollution Exclusion Clauses: An Analysis of the Canadian Jurisprudence
This paper addresses a number of issues with respect to the pollution exclusion clauses commonly contained in Commercial General Liability insurance policies. In particular, this paper considers how Canadian courts have interpreted and applied the standard wording of pollution exclusion clauses, and how they have decided coverage disputes involving pollution exclusion clauses.
|Aboriginal Issues Related to Heavy Oil Refining
Presentation given at Insight Information's 2nd Annual Conference on Heavy Oil Refining - Business Case and Environmental Sustainability, held in Edmonton, Alberta on May 30, 2008.
|Mining Law Update - Spring 2008
This is Lawson Lundell's web-based publication dedicated to keeping readers informed about developments in Canadian mining law.
|Equitable Classification and Exemption
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. That is, properties with identifiable, similar attributes within a class should be assessed for taxation, e.g., classified, valued and subject to exemptions from assessment and taxation consistently, within a municipality or rural area.
|Mining Law Update - Winter 2008
A discussion of three recent decisions in the Yukon Supreme Court, the Federal Court of Canada and the Supreme Court of British Columbia, and their impact on the duty to consult and accommodate Aboriginal peoples; the environmental assessment of a proposed mining project; and Aboriginal title and rights.
|Pension and Employee Benefit Class Actions - The Defence Perspective
Pension and benefit plan administrators are becoming increasingly familiar with litigation and in particular, class proceedings. We have seen a tremendous increase in both the number of pension and the breadth of issues raised in those actions. What are some winning strategies for defendants in pension class actions?
|Energy Law Newsletter - Winter 2008
Energy Law Newsletter with a Feature Article on the Mackenzie Gas Project: Federal Court of Appeal Dismisses Appeal in Dene Tha' Case.