News & Publications Results
|Extra-jurisdictional Legal Process Outsourcers: ‘The Wave of the Present’
Governments, regulators, courts and consumer groups, alike, have advocated for greater ‘access to justice’ and more cost efficient legal services. For example, some legal regulators in Canada, at least, have taken steps to broaden the roles of paralegals and articled students, on the implied assumption that their services will be more affordable, in addition, possibly, to expanding legal services in less-populated areas.
|Energy Law Bulletin: The Role of Emergency Preparedness in “Good Oilfield Practice"
Of necessity, what constitutes “good oilfield practice” for oil and gas operators constantly evolves to reflect changing economic conditions, technological advances, regulatory amendments and Court decisions. A prudent operator must be cognizant of this landscape and be ready to adapt and respond in order to limit its own losses, as well as its potential liability to its working interest partners under standard operating arrangements.
|Energy Law Bulletin: Operator Liability for Administrative “Gross Negligence”
In the balancing of interests between operators and non-operators in co-owned Canadian oil and gas properties, the allocation of risk that has evolved under common industry agreements purports to hold an operator liable to its non-operators only in respect of those acts or omissions that rise to the level of “gross negligence or wilful misconduct”. This narrow basis for operator liability is consistent with the underlying premise that a co-owner consents to undertake the role of operator on a mere cost-recovery basis, and not as a third party “for profit” asset manager or service provider. In the ordinary course, any one of several competent joint-owners could potentially fill the role of operator, and once appointed the operator is always subject to removal and replacement by the other non-operators.
|Flexibility Key to Revised Pensions Benefits Standards Act
Employers and employees in B.C. will soon benefit from a long-awaited and wide-ranging overhaul to the Pensions Benefits Standards Act (PBSA).
|Energy Law Bulletin: Interpreting the ERCB’s “Hydraulic Fracturing” Bulletin
On January 23, 2012 Alberta’s Energy Resources Conservation Board (ERCB) issued Bulletin 2012-02 entitled Hydraulic Fracturing: Interwellbore Communication between Energy Wells to provide guidance to operators using hydraulic fracturing in horizontal wells. The ERCB confirmed its expectation that operators maintain well control at all times so as not to impact the environment, public safety, or resource recovery, and to prevent adverse effects on offsetting wellbores. Industry was also reminded of its obligation to plan safe and effective hydraulic fracturing operations.
|Facebook Defamation Case Heard by the Supreme Court of Canada
Toby Kruger has written "Facebook Defamation Case Heard by the Supreme Court of Canada" for the Western Canada Business Litigation Blog.
|Vancouver Lawyers Represent Canada at the World Cup of Football for Lawyers
A team of Vancouver lawyers is heading up Canada’s best hope for gold at MUNDIAVOCAT; the Football World Cup for Lawyers, which takes place from June 1 to 10, 2012 in Rovinj, Croatia. This year the tournament will bring together over 1,500 lawyers from 70 teams representing five continents and over 30 countries.
|Rodney Hayley appointed “Professor of Law and Lawson Lundell Practitioner in Residence”
Rodney Hayley has been appointed by the University of Victoria as “Professor of Law and Lawson Lundell Practitioner in Residence.” His two year appointment takes effect January 1, 2013. In this position, Hayley will teach Civil Procedure, Class Actions and Mass Litigation, and a course he is designing on legal history entitled “Anti-Asian Laws, 1850 to the Present: Origins, Application, Repeal and Redress.”
|Energy Law Bulletin: Cumulative Impacts on Treaty Rights: Update on the Beaver Lake Cree Nation Litigation
In May, 2008, the Beaver Lake Cree Nation (“BLCN”) filed a lawsuit in the Alberta Court of Queen’s Bench against the governments of Canada and Alberta (Lameman v. Alberta) claiming that the cumulative impacts of development within their core traditional territory had left them with no meaningful way to exercise their treaty rights. BLCN is a Treaty 6 First Nation whose asserted traditional territory stretches across east central Alberta through the in situ oil sands area and the Cold Lake Air Weapons Range.
|Lawson Lundell Launches the Project Law Blog
Lawson Lundell is pleased to announce the launch of the Project Law Blog. The focus of the blog is on matters relating to environmental assessment and compliance, regulatory matters and aboriginal consultation issues emerging in the law and policy that applies to the development of major projects in Canada.
|Energy Law Bulletin: What Does the ERCB’s Decision in Kallisto Mean for Hydraulic Fracturing?
In a recent contest before the Alberta Energy Resources Conservation Board between the operator of a natural gas storage reservoir and a producer seeking to drill and frack a Basal Quartz vertical oil well in the vicinity of the storage reservoir, the ERCB granted the producer its well licence, subject to conditions. While not specifically addressing any of the potential issues relating to hydraulic fracturing in tight oil reservoirs, there are interesting and useful inferences that can be drawn from the ERCB’s approach to an adjoining mineral owner’s objection to a fracking operation.
|Project Law Bulletin: Environmental Assessment Streamlining Federal Government Initiatives
On April 17, 2012 the federal government announced its Plan For Responsible Resource Development, setting out further details on steps to implement proposals for streamlining the federal environmental assessment (“EA”) process. This Plan follows on the heels of the federal budget and the Statutory Review of the Canadian Environmental Assessment Act, which both suggested that these streamlining reforms would be forthcoming.
|William Everett, QC Receives a UBC Law Alumni Association Achievement Award
William Everett, QC received an Alumni Award of Distinction by the UBC Faculty of Law Alumni Association at the 2012 Law Alumni Acheivement Awards held on April 12, 2012.
|2012 Federal Budget: Changes to the thin-capitalization rules
On March 29, 2012, Canadian Federal Finance Minister Jim Flaherty delivered the government’s 2012 federal budget (the “Budget”). As is typical in Canada, the Budget contained interesting tax policy changes. This article briefly highlights the three most important proposed changes to the thin-cap rules that apply to in-bound Canadian investments.
|Project Law Bulletin: Environmental Assessment – Improving the Process
On March 13, 2012, the Standing Committee on Environment and Sustainable Development issued recommendations for improving the Canadian Environmental Assessment Act (CEAA) process.
|Lawson Lundell Recognized in Chambers Global 2012
Chambers Global 2012 recognizes Lawson Lundell in the following practice areas: Aboriginal Law, Environment, Mining, Projects: Mining (Latin America-wide), Pension & Benefits, Employment & Labour, Energy: Power (Regulatory) and Real Estate.
|Employee Life and Health Trusts and Health and Welfare Trusts
This paper reviews the basic features of Employee Life and Health Trusts (ELHT), considers the most recent statements of the CRA and compares the tax and other advantages and disadvantages of using an ELHT versus a Health and Welfare Trust (HWT).
|Canadian Tax Rates, Not Quite a Tax Haven
This article provides a brief overview of the taxes incurred by a corporation subject to tax in Canada.
|Employees who Resign Retain Rights to Sue for Wrongful Dismissal
In the recent decision the Court of Appeal for British Columbia held that an employee who quit his job after being given working notice of termination of employment was nevertheless entitled to sue for damages for wrongful dismissal for the period of reasonable notice in excess of the notice given.
|Structured Private Equity Fund Investments: More Demonstrable Governance, Please
This paper aims to shine a light on moderately to highly structured limited partnership investments (or, sometimes, a limited liability company or corporate investment vehicle), where the investment target is often in an indirect subsidiary or portfolio company one or more levels below.