News & Publications Results
|Labour and Employment Law Update: A Cautionary Tale About Temporary Layoffs
A recent decision of the B.C. Supreme Court, Besse v. Dr. A.S. Mechner Inc., 2009 BCSC 1316, serves as a reminder that employers do not have the right to lay off employees temporarily (and without severance) unless this right is specified in the employment agreement.
|Pension and Employee Benefits Bulletin: Pension Reforms Announced by the Minister of Finance
On October 27, 2009 the Minister of Finance Jim Flaherty announced a number of proposed changes to the pension framework in Canada. Most of the proposed changes will be made to the Pension Benefits Standards Act, 1985 (Canada) (the “PBSA”), which governs federally regulated pension plans.
|Patricia Gallivan, Q.C., honoured with Lexpert Zenith Award
Patricia Gallivan, Q.C., has been honoured as a recipient of the Lexpert Zenith Award.
|Legal Challenges of Valuing Property in Falling (or Otherwise Turbulent) Market - British Columbia Perspective
Paper prepared for the 43rd Annual Canadian Property Taxation Association National Workshop Cross Canada Legal Panel. The paper examines some of the "tools" available to the Baord to sort out complex valuation questions complicated even further by the turbulence in our markets over the past 18 months.
|Getting The Deal Through
Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - e-Commerce 2010 (published in August 2009; contributing editor Robert Bond - Speechly Bircham LLP). For further information please visit www.GettingTheDealThrough.com.
|Lawson Lundell welcomes Peter Tolensky
Lawson Lundell is pleased to welcome Peter M. Tolensky as a partner to the Firm.
|Pension & Benefits Law Briefing Note: Nolan v. Kerry (Canada) Inc.
On August 7, 2009, the Supreme Court of Canada released its much anticipated decision in Nolan v. Kerry (Canada) Inc. The high court voted 5-2 in favor of upholding a 2007 lower court decision which backed Kerry’s ability to pay plan administration expenses using plan assets.
|Jurisdiction: Various Issues
This paper addresses a number of "key concepts and thorny issues" relating to the issue of jurisdiction under administrative law.
|New Civil Rules, Family Rules and Court Fees
The Province has adopted new civil and family court rules that are to be fully implemented by July 1, 2010. The aim of the new rules is to make it easier for the average citizen to access the courts to resolve legal disputes. The new rules are intended to speed up the process, lower the costs associated with litigation and simplify the litigation process.
|Greater Vancouver Transportation Authority v. Canadian Federation of Students
On July 10, 2009, the Supreme Court of Canada delivered reasons in Greater Vancouver Transportation Authority v. Canadian Federation of Students, 2009 SCC 31 [GVTA]. This case is important because it further delineates the right to freedom of expression protected in section 2(b) of the Canadian Charter of Rights and Freedoms. Secondly, the Court elaborates on the principles that will be applied in determining whether certain entities will be considered “government” for the purposes of the Charter.
|Labour and Employment Law Update - Spring 2009
This publication discusses the recent rulings in Robertson v. West Fraser Timber Co. Ltd., 2009 BCSC 602 and Imperial Oil Ltd. v. Communications, Energy & Paperworkers Union of Canada, Local 900, 2009 ONCA 420.
|Cross-Examination in Tribunal Hearings
This article considers some cross-examination issues that arise in tribunal hearings. Issues arise because cross-examination in tribunal hearings is used by more participants, and for more purposes, than in a traditional courtroom setting - but the rules and practices that govern the use of cross-examination were not developed in anticipation of those additional users or uses.
|Practical Tips for Tough Economic Times
The members of the Financial Recovery Group have put together this booklet to provide practical tips for businesses operating in today's economic environment.
|Changes to the Labour Market Opinion (LMO) Program
The Labour Market Opinion (LMO) program of Service Canada has recently changed.
|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.