News & Publications Results

Title Date
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

Craig Ferris named 2016 Employee Benefits Law Lawyer of the Year (Vancouver) by Best Lawyers

Craig Ferris has been named Best Lawyers Employee Benefits Law Lawyer of the Year in Vancouver for 2016

SCC clarifies that provincial superior courts can decide the lawfulness of federal legislation if doing so is a “necessary step” in resolving the claim before them

On July 9, 2015, the Supreme Court of Canada released its decision in Strickland v Canada, 2015 SCC 37 (Strickland). At the heart of the case was whether the Federal Court was correct in refusing to exercise its discretion to hear a judicial review of the Federal Child Support Guidelines (the Guidelines) on the basis that the provincial superior courts were a more appropriate venue. While the decision dealt specifically with the Guidelines, the conclusions reached therein apply equally to all federal legislation.

Recently Enacted Regulations Impose New Health and Safety Requirements on Federally Regulated Businesses

On June 19, 2015, the Federal Government enacted the Policy Committees, Work Place Committees and Health and Safety Representatives Regulations. These Regulations impose new obligations on federally regulated businesses in respect of their health and safety committees or representative. The Regulations ensure that federally regulated workplaces are required to meet a similar standard to their provincial counterparts, which are subject to similar standards under provincial legislation. Some of the businesses affected by these regulations include those dealing in interprovincial trucking, railways, air transportation, marine shipping, telecommunications, banking, and First Nation businesses. 

Federal Private Sector Privacy Legislation Amendments

Long anticipated amendments to the federal private sector privacy legislation, the Personal Information Protection and Electronic Documents Act (“PIPEDA”), were made with the passing into law of the Digital Privacy Act in late June. 

 In the employment context, PIPEDA applies to federally regulated employers (including banks, telecommunication companies, airlines and other interprovincial businesses) and private sector employers operating in the Yukon, Northwest Territories and Nunavut.

Federal Government Passes Union Spending Bill, Bill C-377

The federal government has enacted a new tax law that requires unions to disclose financial information (Bill C-377, An Act to Amend the Income Tax Act, passed on June 30, 2015). The bill had been slowly progressing for four years. It was the first private member’s bill to proceed to the Senate this session, and its passing was the final legislative act of the 41st Parliament.

"Canada's B.C. Court of Appeal Rules Facebook's Forum Selection Clause Overrides Certification of B.C.'s Privacy Act Claims 01.7.15