News & Publications Results
|Rodney Hayley appointed “Professor of Law and Lawson Lundell Practitioner in Residence”
Rodney Hayley has been appointed by the University of Victoria as “Professor of Law and Lawson Lundell Practitioner in Residence.” His two year appointment takes effect January 1, 2013. In this position, Hayley will teach Civil Procedure, Class Actions and Mass Litigation, and a course he is designing on legal history entitled “Anti-Asian Laws, 1850 to the Present: Origins, Application, Repeal and Redress.”
|Energy Law Bulletin: Cumulative Impacts on Treaty Rights: Update on the Beaver Lake Cree Nation Litigation
In May, 2008, the Beaver Lake Cree Nation (“BLCN”) filed a lawsuit in the Alberta Court of Queen’s Bench against the governments of Canada and Alberta (Lameman v. Alberta) claiming that the cumulative impacts of development within their core traditional territory had left them with no meaningful way to exercise their treaty rights. BLCN is a Treaty 6 First Nation whose asserted traditional territory stretches across east central Alberta through the in situ oil sands area and the Cold Lake Air Weapons Range.
|Lawson Lundell Launches the Project Law Blog
Lawson Lundell is pleased to announce the launch of the Project Law Blog. The focus of the blog is on matters relating to environmental assessment and compliance, regulatory matters and aboriginal consultation issues emerging in the law and policy that applies to the development of major projects in Canada.
|Energy Law Bulletin: What Does the ERCB’s Decision in Kallisto Mean for Hydraulic Fracturing?
In a recent contest before the Alberta Energy Resources Conservation Board between the operator of a natural gas storage reservoir and a producer seeking to drill and frack a Basal Quartz vertical oil well in the vicinity of the storage reservoir, the ERCB granted the producer its well licence, subject to conditions. While not specifically addressing any of the potential issues relating to hydraulic fracturing in tight oil reservoirs, there are interesting and useful inferences that can be drawn from the ERCB’s approach to an adjoining mineral owner’s objection to a fracking operation.
|Project Law Bulletin: Environmental Assessment Streamlining Federal Government Initiatives
On April 17, 2012 the federal government announced its Plan For Responsible Resource Development, setting out further details on steps to implement proposals for streamlining the federal environmental assessment (“EA”) process. This Plan follows on the heels of the federal budget and the Statutory Review of the Canadian Environmental Assessment Act, which both suggested that these streamlining reforms would be forthcoming.
|William Everett, QC Receives a UBC Law Alumni Association Achievement Award
William Everett, QC received an Alumni Award of Distinction by the UBC Faculty of Law Alumni Association at the 2012 Law Alumni Acheivement Awards held on April 12, 2012.
|2012 Federal Budget: Changes to the thin-capitalization rules
On March 29, 2012, Canadian Federal Finance Minister Jim Flaherty delivered the government’s 2012 federal budget (the “Budget”). As is typical in Canada, the Budget contained interesting tax policy changes. This article briefly highlights the three most important proposed changes to the thin-cap rules that apply to in-bound Canadian investments.
|Project Law Bulletin: Environmental Assessment – Improving the Process
On March 13, 2012, the Standing Committee on Environment and Sustainable Development issued recommendations for improving the Canadian Environmental Assessment Act (CEAA) process.
|Lawson Lundell Recognized in Chambers Global 2012
Chambers Global 2012 recognizes Lawson Lundell in the following practice areas: Aboriginal Law, Environment, Mining, Projects: Mining (Latin America-wide), Pension & Benefits, Employment & Labour, Energy: Power (Regulatory) and Real Estate.
|Employee Life and Health Trusts and Health and Welfare Trusts
This paper reviews the basic features of Employee Life and Health Trusts (ELHT), considers the most recent statements of the CRA and compares the tax and other advantages and disadvantages of using an ELHT versus a Health and Welfare Trust (HWT).
|Canadian Tax Rates, Not Quite a Tax Haven
This article provides a brief overview of the taxes incurred by a corporation subject to tax in Canada.
|Finding a Connection: Jurisdiction and the Refinement of the “Real and Substantial Connection” Test||18.2.12|
|Employees who Resign Retain Rights to Sue for Wrongful Dismissal
In the recent decision the Court of Appeal for British Columbia held that an employee who quit his job after being given working notice of termination of employment was nevertheless entitled to sue for damages for wrongful dismissal for the period of reasonable notice in excess of the notice given.
|Structured Private Equity Fund Investments: More Demonstrable Governance, Please
This paper aims to shine a light on moderately to highly structured limited partnership investments (or, sometimes, a limited liability company or corporate investment vehicle), where the investment target is often in an indirect subsidiary or portfolio company one or more levels below.
|Cross Canada Legal Panel: British Columbia Equity Overview / Legal Update
This paper covers the burden of proof and equity in British Columbia and several recent cases on assessment and taxation principles (including the just-released decision of the Supreme Court of Canada in Catalyst Paper Corporation’s challenge of municipal tax rates).
|Lawson Lundell Names New Partners
Lawson Lundell LLP is pleased to announce the addition of Lisa Chamzuk, Randall Chatwin, Christine Kowbel and Justin Young into the partnership.
|Supreme Court of Yukon Considers Duty to Consult and “Free Entry” Mining System
On November 15, 2011, the Supreme Court of Yukon released its decision in Ross River Dena Council v. Government of Yukon, 2011 YKSC 84. The case is important as it is the first court decision to consider the issue of whether the Government of Yukon has a duty to consult with First Nations when recording quartz mineral claims under the Quartz Mining Act (the “Act”). It is also somewhat unique as the recording of a quartz mineral claim by the Mining Recorder is not a discretionary act under the “free entry” system established by the Act.
|How to craft computer policies on personal emails and surfing
This article, published in the December 2011 issue of Small Business Profit Guide, discusses employee privacy rights for information stored on work computers and the importance of adopting a well-conceived policy on computer usage.
The best way to protect your company from being found in violation of employee privacy is to adopt a well-conceived policy on computer usage and enforce it consistently.
|Valerie Mann named one of Canada's Most Powerful Women: Top 100™ by Women's Executive Network
Valerie Mann was one of 10 women recognized in the Professionals category by Women’s Executive Network as one of the 2011 Canada’s Most Powerful Women: Top 100™. Winners of the Top 100 Awards are selected by an independent advisory board and recognize high-achieving women in private, public and not-for-profit sectors.
|Peter Tolensky recognized as one of Canada’s Leading Lawyers Under 40
Congratulations to Peter Tolensky on being named by Lexpert as one of Canada’s leading lawyers under 40. This award further confirms Peter’s place among Canada’s leading real estate counsel. His reputation as a dealmaker makes him top choice for many players in the Canadian real estate industry. Peter is a partner at Lawson Lundell LLP and Chair of its Commercial Real Estate and Development group.