News & Publications Results
|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.
|Apples, Patents and Trolls, Oh My!
EAST TEXAS – On February 25, 2015, Apple Inc. was found liable for patent infringement on three patents owned by Smartflash LLC and ordered, by an East Texas jury, to pay Smartflash LLC the princely sum of $532.9 million dollars in damages for the infringement.
Read more here.
|Essential Tasks of Pension and Benefit Plan Trustees
This publication was designed to ensure trustees are aware of how essential it is that they understand their legal duties, what to watch out for, and how to limit their exposure to liability.
|Compliance with Confidentiality Orders: The Ethics of Confidentiality - Preventing Data Leaks and Dealing with Their Consequences||23.2.15|
|BC Budget Update - Hidden Treasure
The BC Budget (tabled on February 17, 2015) contained no major announcements and no general corporate or personal tax rate changes. Nonetheless, it provides opportunity for personal tax planning for high rate tax payers, and extends useful assistance to early stage businesses in BC.
|Proposed Changes to Enhance Compliance and Enforcement Powers for WorkSafeBC
On February 11, 2015, the B.C. Government tabled Bill 9, the Workers’ Compensation Amendment Act, 2015 which if passed, significantly expands WorkSafeBC’s powers to deal with non-compliance and increases employers’ obligations in respect of workplace health and safety.
The purpose of the legislation is to strengthen WorkSafeBC’s ability to promote and enforce occupational health and safety compliance, particularly in the area of inspections and investigations.
|Rob Sider quoted in Publications across the Country||11.2.15|
|Water Use in British Columbia||10.2.15|
|Lawson Lundell named Firm of the Year in Energy/Resource Litigation by Benchmark Canada
Lawson Lundell LLP is pleased to announce that it took home the award for Firm of the Year for Energy/Resource Litigation and was a finalist in four other categories at Benchmark Canada’s third annual awards ceremony, held last Thursday night at the InterContinental Hotel in Toronto.
|Marko Vesely quoted discussing SLAPP lawsuits in the Vancouver Sun||10.2.15|
|“Much Ado About Parking”: Contempt and the power to punish
On January 27, the British Columbia Court of Appeal dismissed the appeal in Bea v. The Owners Strata Plan, LMS 2138, 2015 BCCA 31, upholding the lower court’s decision finding the Plaintiff and her husband in contempt of Court and granting the extraordinary relief that the Plaintiff’s strata unit (the “Unit”) be seized and sold by the respondent (the “Owners”). In doing so, the Court made a bold statement about the scope of its inherent jurisdiction to fashion its own remedies for findings of contempt. The decision was not however unanimous, and the dissent reveals a stark philosophical divide over the question of whether or not the Legislature can direct that the Court’s inherent power to punish for contempt be exercised in specific ways.
Read more here.
|Canada Labour Code Does Not Prohibit Without Cause Terminations
The Federal Court of Appeal in Wilson v. Atomic Energy of Canada Ltd., 2015 FCA 17 (“Atomic Energy”) confirmed that federally regulated employers can dismiss non-union employees without cause.
The Canada Labour Code (the “Code”), which applies to federally regulated employers, provides that non-union employees with 12 months or more service can bring complaints alleging that the termination of their employment was “unjust.” An adjudicator, appointed under the Code, can award a range of remedies, if they find the termination was unjust, including reinstatement of the employee.