News & Publications Results

Title Date
"Post-retirement Benefit Class Actions: Vivendi Canada Inc. v. Dell'Aniello', Pension Planning 25.6.15
The International Comparative Legal Guide to: Corporate Governance 2015 Edition

This article appeared in the 2015 edition of The International Comparative Legal Guide to: Corporate Governance; published by Global Legal Group Ltd, London.

Off-duty tracking offside, says legal experts 15.6.15
"BC CLE, Foreclosure Update, Costs & Disbursements & Civil Forfeiture 27.5.15
Amaan Gangji's article on the venture capital industry being strong as ever published on TechVibes

Amaan Gangji's article "Room for Optimism in Assessing the Future of Venture Capital in Canada"  appeared in TechVibes. In this article, Amaan highlights the rise of Canada's venture capital industry. However he notes that despite the growth, average venture capital financing deal sizes in Canada have remained relativelty small in comparison to the world's top ten nations.

Bill 24 - The New British Columbia Societies Act

The new Societies Act is intended to provide greater flexibility to the internal governance of not-for-profit organizations, while enhancing accountability measures among charities and publicly funded societies. Some of the many proposed changes include implementing new corporate governance procedures, as well as distinguishing between publicly funded societies and member-funded societies (being those societies funded primarily by its members to carry on activities for the benefit of its members).

New Employer Occupational Health and Safety Obligations Now in Force

On May 14, 2015, Bill 9, the Workers’ Compensation Amendment Act, 2015, was given Royal Assent. As we previously reported, the amendments significantly expand WorkSafeBC’s powers to deal with non-compliance and increase employers’ obligations in respect of workplace health and safety. Several sections of the statute are now in force. Of particular note is the new two stage incident investigation process. Employers must undertake a Preliminary Investigation and rectify any unsafe conditions, acts or procedures within 48 hours, followed by a Full Investigation of which a copy of the investigation report must be provided to WorkSafeBC within 30 days of the incident.

Clients are encouraged to review their internal incident investigation procedures to ensure that they meet the new standard. Employers failing to comply with the requirements of the Act could face financial penalties.

Pension Reform: Pension Benefits Standards Act in Force September 30, 2015

The new Pension Benefits Standards Act was passed by the BC Legislature in May of 2012 and amended once in 2014 (the “New Act”). On May 11, 2015 the Regulations to the New Act were released (the “New Regulations”), which provide further detail and rules that support the New Act. 

A comprehensive review of the New Regulations is beyond the scope of this announcement. The Pension and Employee Benefits Law Group at Lawson Lundell will be hosting one or more information sessions in the coming weeks to remind sponsors, administrators and advisors of the rules contained in the New Act and to discuss the effect of the New Regulations.  

Is it Time for a Limitations Audit

The new BC Limitation Act came into force on June 1, 2013. One of the significant changes was to reduce the basic limitation period for most claims to two years from the date the claim was discovered. As a result, claims discovered on or after June 1, 2013 will become statute-barred in the very immediate future.

While it is always a good idea to take inventory of potential claims and the limitation periods that will apply to them, the two-year anniversary of the new Limitations Act can be a springboard for an organization to conduct a limitations audit.

Heather Ferris quoted in The Globe and Mail on Target Canada returning leases 01.5.15
Amendments to Pension Investment Rules, Federal DC Accounts and Federal Disclosure Rules

On March 25, 2015, the Government of Canada published regulations amending the Pension Benefits Standards Regulations, 1985 (the “PBSR”). The amendments include changes to the federal investment rules set out in Schedule III of the PBSR (the “Investment Rules”). As the Investment Rules have been adopted by reference in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario and Newfoundland and Labrador, the changes extend beyond the federal jurisdiction. The amendments are intended to modernize the Investment Rules.

The amendments to the Investment Rules come into force on July 1, 2016. 

Keith Bergner quoted in the Daily Oil Bulletin 21.4.15
Heather Ferris quoted in The New York Times 21.4.15
Keith Bergner quoted in the Calgary Herald discussing impact-benefit agreements between industry and Aboriginal groups.

Keith Bergner was quoted in the Calgary Herald article "Federal government blasted over land native claim inaction" discussing impact-benefit agreements between industry and Aboriginal groups. 

Securities Regulation and Insolvency Proceedings 20.4.15
“But I’m a lawyer…” Supreme Court of Canada clarifies mental element necessary for contempt

On April 16, 2015, the Supreme Court of Canada released its Reasons for Judgment in the case of Carey v. Laiken, 2015 SCC 17, clarifying that a specific intention to breach a court order is not necessary for a finding of contempt, and clarifying when a Court can and cannot revisit a finding of contempt that it has previously made.

Read more here

A Canadian Model of Corporate Governance 12.4.15
Heather Ferris quoted in The Globe and Mail on Target Corp. announcing plans to retreat from Canada 04.4.15
Heather Ferris quoted in Lexpert Magazine on the feature, "The Ripple Effect, A stressed economy means more restructuring and insolvency and more cost pressures for lawyers."

Heather Ferris was quoted in the April 2015 issue of Lexpert Magazine on the feature, "The Ripple Effect, A stressed economy means more restructuring and insolvency and more cost pressures for lawyers." 

Suspension held to Constitute Constructive Dismissal: Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10

Employers frequently ask us whether they are allowed to suspend an employee, and, if they do so, whether there is a risk that the employee may sue for constructive dismissal. In a Supreme Court of Canada judgment released on Friday, the main issue was, in what circumstances may a non-unionized employee who is suspended indefinitely with pay claim to have been constructively dismissed? This article will focus on the majority reasons of the Court.