News & Publications Results
|US Canada Cross-Border Tax: When to Worry About Canada
These days many US businesses are looking north to Canada for new markets. This paper discusses when a US business needs to worry about the Canadian tax system. The short answer comes from some of the oldest provisions in the Income Tax Act. US businesses need to worry about Canadian tax when they have a physical presence in Canada.
|Labour & Employment Bulletin: Minimum Wage Increase and Changes to Temporary Foreign Worker Regulations
This bulletin provides details on the recent minimum wage announcement in BC. This bulletin also discusses the recent changes to temporary foreign worker regulations that come into force on April 1, 2011.
|Western Canada Legal Updates: British Columbia Legislative Changes and a Review of Case Law
This paper provides an overview of legislative changes and it reviews case law before the Property Assessment Appeal Board and Courts. This paper was presented at the Canadian Property Tax Association Western Chapter 2011 Education Seminar.
|Creditors' Issues: Forbearance Agreements and Settlement Agreements
Creditors and debtors often enter into agreements with respect to the repayment of indebtedness. These forbearance agreements or “standstill agreements” are useful tools whereby both creditors and debtors can work together to reach a common goal without the immediate need for realization of assets in a formal insolvency proceeding.
In contrast, a settlement agreement is designed to bring finality to all or some part of the credit arrangement with the debtor. As such, particular care has to be taken under a settlement agreement to insure that what is being settled and released does not affect other parties or other issues that are not being resolved under the agreement.
|Canada Takes on Spam, Spam, Spam, Spam, Spam Fighting Internet and Wireless Spam Act
The Federal government’s legislation to control spam and other ills of the electronic age with An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, was passed in mid-December, 2010. This newly passed legislation was Bill C-28, otherwise known as the Fighting Internet and Wireless Spam Act ("FISA").
|Lawson Lundell establishes the Lawson Lundell LLP Entrance Scholarship at the UVic Faculty of Law
Lawson Lundell LLP is pleased to announce the establishment of a $15,000 annual entrance scholarship at the UVic Faculty of Law.
|Competition Update: Waste Not, Want Not... Canadian Competition Bureau Challenges Merger
On January 24, 2011, the Commissioner of Competition (Canada) filed a notice of application with the Competition Tribunal for dissolution of a merger (or divestiture of assets or control) resulting from the completed merger of CCS Corporation and Complete Environmental Inc., the latter of which owns Babkirk Land Services Inc.
|Energy (Electricity) Recent Developments of Importance
This paper discusses electricity sector developments in Alberta and British Columbia that continue to break new ground particularly in view of the recent prominence of renewable energy, greenhouse gas (GHG) emissions issues and export market development initiatives for the export of electricity from clean or renewable sources.
|3rd International Symposium on Energy Engineering, Economics and Policy: EEEP 2011||01.1.11|
|Is There a Chill in the Air? Recent Decisions under the Investment Canada Act (Canada)
A discussion of recent decisions under the Investment Canada Act (Canada), including the Attorney General of Canada v. United States Steel Corporation and U.S. Steel Canada Inc. This paper was presented at the 8th Annual Insight Information Advanced Mergers & Acquisitions Course on December 6, 2010.
|Supreme Court of Canada and Federal Court of Appeal Decisions in Standing Buffalo Dakota First Nations v. Enbridge Pipelines Inc., 2009 FCA 308
On December 2, 2010, the Supreme Court of Canada dismissed leave to appeal from the Federal Court of Appeal's decision in Standing Buffalo Dakota First Nation v. Enbridge Pipelines Inc., 2009 FCA 308.
Standing Buffalo argued they were not adequately consulted about the construction of three massive pipeline projects.
The Supreme Court’s decision to not hear the appeal leaves intact the Federal Court of Appeal decision from October 2009, which in turn upheld the decisions of the National Energy Board that had been challenged by various First Nations.
|Marko Vesely recognized as one of Canada’s Leading Lawyers under 40
Marko Vesely, a partner in our Litigation group, has been recognized as one of Canada’s Leading Lawyers under 40 by Lexpert’s Rising Stars. Marko practices commercial litigation and is head of Lawson Lundell LLP’s Defamation and Media Law Group.
|Is Canada Open for Business?
Valerie Mann's article, "Is Canada Open for Business", appeared in the November 16, 2010 issue of Business in Vancouver. In the article, Valerie discusses foreign acquisitions and the net-benefit to Canada test.
|Western Canada Legal Updates: British Columbia
An overview of legislative changes and a review of several topical taxation issues addressed by British Columbia courts in 2009 and to date in 2010. This paper was presented at the Canadian Property Tax Association Western Chapter 2010 Education Seminar - Hope in the New Decade: Emerging Trends and Issues in March 2010.
|Cross Canada Legal Panel: Appeal Rights - What Do They Really Mean?
A comparison of the effectiveness of taxpayers' rights of appeal from tribunal decisions (eg. Assessment Appeal Board) across Canada. This paper was presented at the 44th Annual Canadian Property Tax Association National Workshop in September 2010.
|Murray Campbell named Employee Benefits Lawyer of the Year (Vancouver) by Best Lawyers
Murray Campbell, head of our Pension and Employee Benefits Law Group, has been named the Vancouver Employee Benefits Lawyer of the Year for 2011 by Best Lawyers in Canada.
|Supreme Court of Canada Clarifies (some of) the Limits of the Duty to Consult
Rio Tinto Alcan Inc. and British Columbia Hydro and Power Authority v. Carrier Sekani Tribal Council, 2010 SCC 43
On October 28, 2010, the nine justices of Supreme Court of Canada issued a unanimous judgment in this appeal that confirmed the decision of the British Columbia Utilities Commission (the “Commission”) to accept the 2007 Electricity Purchase Agreement between BC Hydro and Rio Tinto Alcan Inc. for filing.
The decision is important for what it says about (i) when the Crown duty to consult with Aboriginal groups is triggered—and when it is not; and (ii) the role of administrative tribunals.
|Two Solitudes in Western Canada: British Columbia and Alberta Carve Distinct Electricity Policy Paths
Both British Columbia ("BC") and Alberta have long-held political cultures that nourish a sense of alienation from the traditional Canadian power centres in eastern Canada, which has in turned fostered strongly iconoclastic public policies on a range of issues. Coupled with significant differences in geography and geology, these iconoclastic tendencies have resulted in electricity polices that have in recent years dramatically diverged. In short, electricity policy in BC has veered hard in support of a broader provincial GHG-reduction policy, while in Alberta electricity policy remains more focussed on traditional cost of service and reliability concerns consistent with a more ambivalent GHG policy.
|Labour & Employment Law Bulletin: Court of Appeal finds Attendance Management Program Discriminatory
In a recent case, the British Columbia Court of Appeal found that Coast Mountain Bus Company’s attendance management program discriminated against employees with disabilities and was not justified on the basis of bona fide occupational requirements.
|Amendments to the Federal Pension Legislation
This paper summarizes the changes that have been made to the Pension Benefits Standards Act, regulations under the Pension Benefits Standards Act, and the Income Tax Act. The changes all impact federally registered pension plans and some impact provincially registered pension plans.
This article was published by Federated Press in Pension Planning, Vol XV, No. 4 (2010).