News & Publications Results
|Mining Law Update - Spring 2009
This is Lawson Lundell's web-based publication dedicated to keeping readers informed about developments in Canadian mining law.
|Have Pension Class Actions Altered Traditional Trust Cost Rules? A Recent Trend
Three recent decisions from Ontario, Nova Scotia, and British Columbia may change the way in which pension litigation is funded in Canada and indicate that the courts may be taking a different approach to funding issues than in the past. Traditionally, in such cases, it was not uncommon for a plaintiff to be indemnified out of the pension fund thereby shielding unsuccessful plaintiffs from adverse costs awards.
|Contract Law Update: Developments of Note
A survey of some of the jurisprudential contexts in which legal drafting has been scrutinized by the courts. This paper also addresses some areas of contract law of continuing interest to solicitors drafting commercial agreements because the law impacts on drafting choices they will make.
|Purchase and Sale Agreements
Purchase and sale agreements are fundamental negotiating and drafting exercises in a corporate/commercial lawyer's practice. This paper was prepared for Insight's 2009 Negotiating and Drafting Major Business Agreements course.
|Liability and the Trustee
Trustees must have a thorough understanding of their duties, as well as the sources of those duties, in order to avoid liability. If trustees are clear in their obligations they will be able to adopt procedures that afford them the greatest amount of protection possible.
|Financial Recovery Report Winter 2009
This Financial Recovery Report contains articles of interest to businesses pursuing opportunities and businesses overcoming financial challenges presented by the current economic climate.
|The Law of Defamation: A Primer
A brief overview of the basic principles of the law of defamation. Defamation is a "tort" or civil wrong for which a court, in a proper case, will provide the wronged party with a remedy in an action for damages.
|Property Tax Considerations for B.C Developers
This presentation provides an overview of property assessment and taxation scheme, an overview of critical property tax considerations for developers and tax planning considerations.
|Cross-Canada Legal Update
An outline of updates in property tax law in British Columbia, including information on Part 3 of Bill 45 (Economic Incentive and Stabilization Statutes Amendment Act, 2008). It was presented at the Canadian Property Taxation Association National Valuation & Legal Symposium Legal Panel in February 2009.
|Just a click away?: Internet hyperlinks and defamation liability
Article which appeared in The Defamation Column of Canadian Corporate Counsel, Vol. 18, No. 3 (Nov/Dec. 2008), detailing a British Columbia Supreme Court judge's dismissal of a defamation claim brought by Wayne Crookes.
|Safe to Slander City Hall? Ontario Court Bars Defamation Suits by Government Bodies
Two recent Ontario decisions have broken with the precedent in which a municipal corporation had the same powers as any other corporate body, including the right to protect its reputation by suing in defamation in its own right. These two decisions have left in doubt whether municipal goverments (outside Ontario) can sue for defamation.
|Cusson v. Quan: The "Responsible Journalism" Defence Comes to Canada
In its 2007 decision in Cusson v. Quan, the Ontario Court of Appeal took note of public interest considerations in recognizing the "public interest responsible journalism" defence first articulated nearly ten years ago by the House of Lords.
|Lawson Lundell forms Financial Recovery Group
To better assist our clients through uncertain economic times, Lawson Lundell LLP announces the formation of its Financial Recovery Group.
|Researching Foreign Law, Legal Research Course, Continuing Legal Education Society of B.C.
The liberalization of the rules for the recognition and enforcement of judgments in many jurisdictions gives litigants more choices of forums to litigate in. It is no wonder that researching foreign law has become an essential component of legal research courses in major U.S. and U.K. law schools.
|Supreme Court of Canada Appeal
Supreme Court of Canada hears forum non convenient appeal.
On November 17, 2008, the Supreme Court of Canada heard the appeal in Teck Cominco Metals Ltd. v. Lombard General Insurance Company of Canada, a decision of the British Columbia Court of Appeal.
|“Disclosure and Access to Information British Columbia Taxpayer Perspective”
In British Columbia, as elsewhere, there exists a tension between, on the one hand, the need to disclose sufficient information to complete the roll and to appeal assessments, and on the other hand, the need to protect commercially sensitive information from unnecessary and potentially harmful exposure to competitors. It has generally fallen to the Property Assessment Appeal Board to attempt to strike the balance between these competing interests.
|Climate Change Bulletin - Legislative & Policy Initiatives: International, Regional, Federal & Provincial
Concerns over global climate change have sparked a series of legislative and policy responses on the provincial, federal, regional, and international levels. The challenge of complying with climate change policy is that different governments have invoked a number of different policy tools to respond and adapt.
|Supreme Court of Canada Clarifies the Duty to Accommodate
On July 17, 2008, the Supreme Court of Canada in Hydro-Québec v. Syndicat des employé-e-s de techniques professionelles et de bureau d'Hydro-Québec, 2008 SCC 43 clarified that there are limits to the employer's duty to accommodate.
|Labour and Employment Law Newsletter - Summer 2008
Newsletter from the Labour and Employment Law Group.
|Supreme Court of Canada Issues Landmark Employment Law Decision in Keays v. Honda Canada Inc.
On June 27, 2008, the Supreme Court of Canada released its decision in Keays v. Honda Canada Inc. and overturned the decision of the Ontario Court of Appeal and narrowed the scope of Wallace damages for the "bad faith" manner of dismissal.