News & Publications Results

Presentation prepared for CPTA in June 2007.

In the last decade, plaintiffs unhappy with the economic impact that decisions or actions of public authorities have had on them have increasingly turned to the tort of misfeasance in public office (also referred to as abuse of power or abuse of authority) as an avenue for obtaining compensation.

Litigation is a fact of life for pension and benefit plan administrators and sponsors. The scope, frequency and complexity of litigation in this area continue to increase each year. The purpose of this paper is to discuss and update the current trends in pension and benefits litigation as they relate to class actions.

Energy Law Newsletter with a Feature Article on new Federal and Alberta Climate Change Initiatives.

Effective January 1, 2008, employers in B.C. will no longer be entitled to have mandatory retirement policies requiring all employees to retire at age 65.

This paper discusses approaches that have been used in Canada to identify and foster private sector, public and aboriginal participation in dealing with mining environmental liabilities and orphan sites.

Newsletter from the Labour and Employment Law Group.

A presentation about the Alberta Electric System Operator System (AESO), which has the mandate to ensure that all Albertans receive safe, economic and reliable power today and in the future.

On February 27, 2007 British Columbia issued "The BC Energy Plan: A Vision for Clean Energy Leadership". The document is an extensive statement of provincial energy policy, and a roadmap for future government action in BC's energy sector.

The purpose of this paper is to highlight the distinction between benefits provided under benefit trusts and claims made under disability insurance policies. While the substance of the claim is generally the same, the different legal nature of the benefits payable under a benefit trust will likely result in the claim being adjudicated and litigated in a different manner.

Quarterly newsletter from the Energy Law Group.

This is Lawson Lundell's web-based publication dedicated to keeping readers informed about developments in Canadian mining law.

This paper provides a guide to the regulatory approval processes for oil and natural gas exploration and production in the Northwest Territories, which holds an estimated 33% of Canada’s remaining conventionally recoverable natural gas resources and 25% of the remaining recoverable resources of light crude oil.

The Sappier Decision: Supreme Court of Canada Recognizes Aboriginal Right to Timber for Domestic Purposes and Clarifies Requirements for Establishing an Aboriginal Right.

Quarterly newsletter from the Energy Law Group.

In October 2004, the Supreme Court of Canada (“SCC”) issued its decision in Peoples Department Stores Inc. (Trustee of) v. Wise. It was hoped that this decision would clarify, once and for all, to what extent directors of insolvent or “near-insolvent” corporations are required to consider and take into account the interests of creditors when making governance decisions.

The issue of coalbed methane (CBM) ownership, frequently disputed between coal rights holders and holders of mines and minerals rights other than coal, has been the subject of numerous recent applications to the Alberta Energy and Utilities Board (AEUB). The AEUB recently announced that it will hold a hearing relating to legal entitlement of CBM on split-title freehold mineral lands in Alberta.

For many years, parties have created various legal tools to grant others the right to use a portion of their lands. Prior to the imposition of statutory controls on the subdivision and leasing of land, this could simply be accomplished by the property owner granting exclusive possession over a portion of their land to a tenant by way of a lease. In many situations, rather than a fee simple or leasehold subdivision, the goals of the parties can be achieved by the granting of an easement in favour of one party by the other.

A consideration of the development of the jurisprudence surrounding Freedom of Religion by examining the early section 2(a) cases and the focus on a number of recent cases from the Supreme Court of Canada that have explored the issues of religion and the state.

Hotel development and financing has always been a challenging area of real estate development. Conventional real estate lenders do not like the long time it takes for a new hotel to build a customer base and become profitable. Combined with cyclical tourism markets and smaller resale markets, many lenders are not keen to service this market. One principle source of financing in recent years is the development of strata hotels and fractional ownership structures that have achieved various degrees of success.