News & Publications Results
|The New British Columbia Societies Act
On November 23, 2015, the Lieutenant Governor in Council issued Order No. 673, which provided that the British Columbia Societies Act (the “New Act”) will come into force on November 28, 2016, replacing the existing Society Act (the “Existing Act”). Order No. 673 also introduced the new Societies Regulation (the “Regulation”) which provides model bylaws for societies under the New Act and clarifies the funding threshold for a society to qualify as a “member-funded society”, among other things. The Regulation will also come into force on November 28, 2016.
|Federal Government Releases Guiding Principles for Project Review
In a set of press releases issued today (here and here), the Government of Canada announced 5 principles that it says will guide its discretionary decision-making for projects being reviewed in environmental assessment, along with a set of interim measures it says will be implemented in two existing pipeline reviews.
Read more here.
|Mogo and Postmedia Announce Strategic Marketing Collaboration with a Minimum of $50,000,000 of Media Value over Three Years
On January 25, 2016, Mogo Finance Technology Inc., Canada’s leading digital financial brand, announced a strategic Marketing Collaboration Agreement with Postmedia Network Inc., a Canadian newsmedia company representing more than 200 brands across multiple print, online and mobile platforms.
Under the Agreement the companies will collaborate to market Mogo’s financial products and services. These products will be marketed nationally through Postmedia’s more than 200 trusted brands. The Agreement is the first of its kind and includes an innovative structure which aligns the interests of both companies. The Agreement includes media promotional commitments of at least $50 million over three years, which will significantly increase Mogo’s brand awareness and reach across Canada. In return, the Agreement provides Postmedia with revenue sharing and equity participation through warrants to subscribe for Common shares in Mogo.
Lawson Lundell LLP represented Postmedia in respect to commercial matters with a team that included Michael Macaulay (Corporate / Commercial) and Euan Sinclair (Commercial).
|Commentary: Tapped resources - Water use and its impact on mining in Canada
Karen MacMillan and Khaled Abdel-Barr's article on the BC government changing water-use regulation, "Commentary: Tapped resources - Water use and its impact on mining in Canada" was featured in The Northern Miner on January 19, 2016.
|Speculation is Evil - and Costly||04.1.16|
|Electricity Regulation in Canada: overview||2016/2017|
|Opinion: Workplaces need clear harassment policies and procedures for addressing problems
In a professional work environment, there is only one thing that is worse than losing one’s job — losing one’s reputation. You can always find another job, but once your name is tarnished, the damage may be permanent.
Following the suspension of a University of B.C. creative writing professor for “serious (undisclosed) allegations,” accusations against a UBC grad student for offensive acts and sexual assault and claims that the university failed to adequately respond to these allegations, the B.C. government is looking into developing a set of sexual harassment policies that post-secondary institutions would use to cope with sexual harassment and assault.
Read full article here.
|New Rules for Tax Treatment of Employee Stock Options
The new Liberal government’s tax policy focusses on relieving the tax burden on the middle-class and increasing taxation generally for those earning more than $200,000. As part of that plan, the Liberal government plans to eliminate the tax deduction on employee stock option benefits over $100,000 and increase federal marginal tax rates on individuals with an annual income above $200,000 to 33%.
|Mapping the Territory: Aboriginal Title and the decision in Tsilhqot’in Nation v. British Columbia
|Record Retention Policy for E-Discovery
Increasingly, the rationale for implementing a records management and retention policy is not simply to manage space, data storage, and their associated costs, but also to limit legal fees, and increase certainty, in e-discovery. Limiting the number of records to be searched at the outset of e-discovery is the first and most important step in managing the process.
In many instances, the length of time a record must be kept is governed by statute or regulation. However, once that time requirement has passed, or in the absence of a specific retention requirement, the focus must shift to providing a rationale for keeping the record, as opposed to keeping all records by default. Although it may initially seem counterintuitive, an effective retention policy does not so much mandate record retention as plan their orderly destruction.
|Dreaming on a Cloud?
It was so simple in the old days. The filing system was secured by lock and key. The communication “platforms” were writing a letter, setting up a meeting or speaking on the telephone. Any risk of interception by unauthorized third parties was negligible.
Then technology came along and ruined everything. Technology changed the way lawyers store and access their client data. It’s only really now, in the age of high profile hacks, that lawyers are starting to question where their data goes when it is in transit and where it lives when it is at rest on a server.
The decision for law firms on where to store data is not an easy one, for there are many benefits and risks to take into account. The choices come down to storing data on local hard drives or USB sticks (not recommended), on a shared drive on a network, or somewhere on the cloud.
|Getting the Deal Through
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: e-Commerce 2016, (published in July 2015; contributing editor: Robert Bond, Charles Russell Speechlys). For further information please visit www.gettingthedealthrough.com.
|Congratulations to Jagdeep Shergill who was recognized as one of the 2015 Lexpert Rising Stars: Canada’s Leading Lawyers Under 40||23.11.15|
|Contract Law Update - Developments of Note 2015
This paper by Lisa Peters discusses contract law issues including decisions of relevance to commercial practice.
|Losing the Battle but Winning the War?
Toby Kruger, John Olynyk and Keith Bergner discuss the Yukon Court of Appeal's decision in the Peel River case that they first reported on here. The decision focussed on whether the Yukon Government properly followed the land use planning process set out in three modern land claims agreements in the development of a land use plan for the Peel River region. The Court of Appeal largely agreed with the lower court that the Yukon Government had not followed the proper process in making extensive changes to a land use plan prepared by an independent regional planning Commission. However, the Court of Appeal also confirmed that the Yukon Government has a broad power to make land use decisions for Crown lands in the territory, as long as those decisions are made in a manner consistent with the treaties, interpreted in a generous, purposive manner, and consistent with the honour of the Crown. Accordingly, the Court of Appeal sent the parties back to the point at which the process failure began, in contrast to the trial judge, who would have sent the parties back to the final stage of the land use planning process. As a result, while the Yukon Government may have lost the process battle, it won the war over the more fundamental issue of its power to make land use decisions for Crown lands in the territory.
Read more here.
|Access Granted: How Organizations Can Improve Response to Access Requests
In late October, the Information and Privacy Commissioner for BC (the “Privacy Commissioner”) released a scathing report on the BC Government’s response to an access request filed with the Ministry of Transportation and Infrastructure regarding meetings about missing women and the Highway of Tears. The report (Investigation Report F15-03 – Access Denied: Records Retention and Disposal Practices of the Government of British Columbia) was issued following the Privacy Commissioner being alerted to the BC Government’s failure to properly respond to requests for access to information pursuant to the Freedom of Information and Protection of Privacy Act (“FOIPPA”), which requires a public body to provide access to “all records in the custody or under the control of a public body”. This article will focus on guidelines, stemming from this report, which organizations should consider to encourage adequate responses to requests for information.
|The Franchises Act, Shifting the Balance of Power to Protect British Columbia's Franchisees
On Tuesday October 20, 2015, Bill 38, the Franchises Act, successfully passed third reading. The Government of British Columbia first introduced the bill on October 6, 2015, and it is now in its final stage of enactment. The Franchises Act will come into force upon Royal Assent which is expected to be granted towards the end of 2016 or early in 2017.
Read more here.
|Applying Knowledge Management for Lawyers: Precedents||29.10.15|
|Towards a Paperless Future||24.10.15|
|Lawson Lundell Named Regional Law Firm of the Year at Chambers Canada Awards
On October 1, 2015, Lawson Lundell LLP was recognized as theRegional Law Firm of the Year at the inaugural Chambers Canada Awards which took place in Toronto, Ontario.