News & Publications Results
|Pension & Benefits Law Briefing Note: Nolan v. Kerry (Canada) Inc.
On August 7, 2009, the Supreme Court of Canada released its much anticipated decision in Nolan v. Kerry (Canada) Inc. The high court voted 5-2 in favor of upholding a 2007 lower court decision which backed Kerry’s ability to pay plan administration expenses using plan assets.
|Jurisdiction: Various Issues
This paper addresses a number of "key concepts and thorny issues" relating to the issue of jurisdiction under administrative law.
|New Civil Rules, Family Rules and Court Fees
The Province has adopted new civil and family court rules that are to be fully implemented by July 1, 2010. The aim of the new rules is to make it easier for the average citizen to access the courts to resolve legal disputes. The new rules are intended to speed up the process, lower the costs associated with litigation and simplify the litigation process.
|Greater Vancouver Transportation Authority v. Canadian Federation of Students
On July 10, 2009, the Supreme Court of Canada delivered reasons in Greater Vancouver Transportation Authority v. Canadian Federation of Students, 2009 SCC 31 [GVTA]. This case is important because it further delineates the right to freedom of expression protected in section 2(b) of the Canadian Charter of Rights and Freedoms. Secondly, the Court elaborates on the principles that will be applied in determining whether certain entities will be considered “government” for the purposes of the Charter.
|Labour and Employment Law Update - Spring 2009
This publication discusses the recent rulings in Robertson v. West Fraser Timber Co. Ltd., 2009 BCSC 602 and Imperial Oil Ltd. v. Communications, Energy & Paperworkers Union of Canada, Local 900, 2009 ONCA 420.
|Cross-Examination in Tribunal Hearings
This article considers some cross-examination issues that arise in tribunal hearings. Issues arise because cross-examination in tribunal hearings is used by more participants, and for more purposes, than in a traditional courtroom setting - but the rules and practices that govern the use of cross-examination were not developed in anticipation of those additional users or uses.
|Practical Tips for Tough Economic Times
The members of the Financial Recovery Group have put together this booklet to provide practical tips for businesses operating in today's economic environment.
|Changes to the Labour Market Opinion (LMO) Program
The Labour Market Opinion (LMO) program of Service Canada has recently changed.
|Mining Law Update - Spring 2009
This is Lawson Lundell's web-based publication dedicated to keeping readers informed about developments in Canadian mining law.
|Have Pension Class Actions Altered Traditional Trust Cost Rules? A Recent Trend
Three recent decisions from Ontario, Nova Scotia, and British Columbia may change the way in which pension litigation is funded in Canada and indicate that the courts may be taking a different approach to funding issues than in the past. Traditionally, in such cases, it was not uncommon for a plaintiff to be indemnified out of the pension fund thereby shielding unsuccessful plaintiffs from adverse costs awards.
|Contract Law Update: Developments of Note
A survey of some of the jurisprudential contexts in which legal drafting has been scrutinized by the courts. This paper also addresses some areas of contract law of continuing interest to solicitors drafting commercial agreements because the law impacts on drafting choices they will make.
|Purchase and Sale Agreements
Purchase and sale agreements are fundamental negotiating and drafting exercises in a corporate/commercial lawyer's practice. This paper was prepared for Insight's 2009 Negotiating and Drafting Major Business Agreements course.
|Liability and the Trustee
Trustees must have a thorough understanding of their duties, as well as the sources of those duties, in order to avoid liability. If trustees are clear in their obligations they will be able to adopt procedures that afford them the greatest amount of protection possible.
|Financial Recovery Report Winter 2009
This Financial Recovery Report contains articles of interest to businesses pursuing opportunities and businesses overcoming financial challenges presented by the current economic climate.
|The Law of Defamation: A Primer
A brief overview of the basic principles of the law of defamation. Defamation is a "tort" or civil wrong for which a court, in a proper case, will provide the wronged party with a remedy in an action for damages.
|Property Tax Considerations for B.C Developers
This presentation provides an overview of property assessment and taxation scheme, an overview of critical property tax considerations for developers and tax planning considerations.
|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.