News & Publications Results

Title Date
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

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.  

Lexpert Special Edition on Leading Canadian Lawyers in Global Mining publishes Lawson Lundell's article on "Moving Towards Sustainable Development: How Canadian Mining Companies Are Leading By Example"

Karen MacMillan and Khaled Abdel-Barr's article on "Moving Towards Sustainable Development: How Canadian Mining Companies Are Leading By Example" was published in the Lexpert Special Edition on Leading Canadian Lawyers in Global Mining in the Fall of 2015. The article discusses how many Canadian mining companies are fulfilling their corporate social responsibility and in doing so are providing lasting and meaningful economic and social growth to affected stakeholders.

Fall 2015
Lexpert: Aligning Resource Development with the Interests of Aboriginal Peoples in Canada 28.9.15
Aligning Resource Development with the Interests of Aboriginal Peoples in Canada

 Canada’s economic future is dependent upon energy and natural resource development and therefore inextricably linked to the rights, interests and influence of Canada’s Aboriginal peoples. Despite considerable advancement in the domestic law of consultation and accommodation, there is growing unrest and dissatisfaction among Aboriginal communities with the current approach to development on their traditional lands. The impact of this unrest and dissatisfaction on resource developers is readily apparent and evidenced by the increased legal, regulatory, financial and reputational risks associated with permitting delays, operational disruptions, protests and negative media attention.

Lawson Lundell’s Knowledge Management Group Profiled in Knowledge Management for Lawyers

Lawson Lundell was recently featured in Patrick DiDomenico’s Knowledge Management for Lawyers. In this book, published by the American Bar Association, DiDomenico surveys knowledge management best practices using case studies to illustrate strategies and approaches. Commenting on Lawson Lundell, he notes that the firm has “embraced the principles and ideas of knowledge management and benefited greatly from them.” In particular, DiDomenico calls attention to the fact that the Knowledge Management group, under Euan Sinclair’s direction, “smartly leverages employees in other groups to participate in knowledge management projects and activities.”  This collaboration between groups ranging from Information Resources, to Information Technology to Business Development and Marketing, maximizes resources and efficiencies while also serving as a way to break down silos between departments and to enhance the sharing of knowledge. In the book, Sinclair describes his role as follows: “working proactively with practice groups to identify the areas where the scarce KM resources can be applied to best effect.” 

BP Canada: Uncertain Tax Positions and the Importance of Maintaining Privilege

In its recent decision in Minister of National Revenue v. BP Canada Energy Company, the Federal Court of Canada considered the Minister’s ability to compel BP to provide its tax accrual working papers pursuant to the Minister’s inspection powers in subsection 231.1(1) of the Income Tax Act. The decision in favour of the Minister signals a substantial change to the audit process and may require modifications to the way in which corporate taxpayers analyse their uncertain tax positions.

Jason Paton of Lawson Lundell is CAPLA's New General Counsel

Jason Paton, an oil and gas partner with the law firm Lawson Lundell LLP in Calgary, has agreed to act as general counsel to CAPLA (Canadian Association of Petroleum Land Administration) on a volunteer basis. This news appeared in the September 2015 edition of NEXUS Magazine.

Going To California: Court of Appeal Rules Forum Selection Clause Overrides Certification of B.C.'s Privacy Act Claims 01.9.15
Best Lawyers in Canada 2016 Recognizes Forty-Four Lawson Lundell Lawyers 25.8.15
The International Comparative Legal Guide to: Mining Law 2016

This article appeared in the 2016 edition of The International Comparative Legal Guide to: Mining Law; published by Global Legal Group Ltd, London