News & Publications Results

Title Date
L&E Bulletin: SCC Decision on Statutory Freeze Provisions in Labour Legislation

Today, the Supreme Court of Canada provided guidance on the proper interpretation and application of damages for breaches of statutory freeze provisions in labour legislation. These provisions prevent employers from changing terms and conditions of employment after a certification application is made by a union in respect of its employees or during the bargaining process. This case is significant to employers—the Court held that any change to the terms or conditions of employment during a statutory freeze can only be made if the change is consistent with the employer’s past management practices or it is a change a reasonable employer would have made in the same circumstances. The change cannot be made because of the arrival of the union. 

Labour and Employment Law Bulletin: Changes to Temporary Foreign Worker Program Announced

Employment Minister Jason Kenney and Immigration Minister Chris Alexander today announced significant reforms to the Temporary Foreign Worker Program (“TFWP”). The TFWP is being reorganized into two streams: the TFWP administered by Employment and Social Development Canada (“ESDC”) and the International Mobility Program administered by Citizenship and Immigration Canada (“CIC”). The changes to the TFWP reinforce the federal government’s position that the TFWP should be a program of last and limited resort for employers.

Gary Rose Joins Lawson Lundell as Banking and Debt Finance Partner

Lawson Lundell LLP is pleased to welcome Gary Rose, a leading banking and finance lawyer, as a partner based in the firm’s growing and active Calgary office.

Canadian Association of Counsel to Employers, Contributor to the Handbook 09.6.14
Will Roberts profiled in Financier Worldwide

Will Roberts was recently profiled in Financier Worldwide's Bankruptcy & Restructuring Handbook.  This handbook includes profiles of leading experts in the field of corporate bankruptcy and restructuring from around the world. The profiled experts have acted for and advised private and public corporations, investment funds, lenders, unsecured creditors and debtors, in addition to many other entities. 

Canada's British Columbia Supreme Court Rules B.C. Privacy Act Trumps Facebook's Jurisdiction Selection Clause 01.6.14
Pension and Benefits Law Bulletin: CAPSA Guideline no. 8 - Defined Contribution Pension Plans Guideline

On March 28, 2014, the Canadian Association of Pension Supervisory Authorities (CAPSA) released new Guideline #8 “Defined Contribution Pension Plans Guideline” to clarify certain best practices for defined contribution (DC) pension plan administrators.[1] This new guideline is intended to supplement, and not replace, the requirements set out in CAPSA Guideline #3 “Guidelines for Capital Accumulation Plans”. Although CAPSA Guidelines are not law, they provide pension plan administrators with a useful standard of best practices.

Labour & Employment Law Bulletin: Who is an “employee” under the British Columbia Human Rights Code?

The Supreme Court of Canada has provided some important guidance regarding who qualifies as an "employee" under the British Columbia Human Rights Code in the case of McCormick v. Fasken Martineau DuMoulin LLP.

The case centred around a complaint filed with the British Columbia Human Rights Tribunal by Mr. McCormick, an equity partner at Fasken, alleging that the requirement to divest and retire discriminated against him as an “employee” on the basis of his age. While the Tribunal found that Mr. McCormick was an “employee” for the purposes of human rights legislation, its decision was eventually overturned by the British Columbia Court of Appeal. In upholding the Court of Appeal’s decision, the Supreme Court of Canada found that the factors determinative of an employment relationship are the extent to which an individual is controlled by, and dependent on, the alleged employer.

International Comparative Legal Guide to: Corporate Governance 2014 (Canada)

In this Guide, Rita Andreone, QC and Michael Lee contribute a chapter discussing corporations in Canada, with a focus on public companies and with the intention that private corporations will find it useful in structuring and measuring their own governance frameworks.

Doing Business in Western Canada

This guide has been prepared by Lawson Lundell as a concise resource outlining certain key relevant laws and regulations that companies should consider when doing business in Western Canada.

The Crown’s Duty to Consult and the Role of the Energy Regulator

Today, for many Energy Regulators, project proponents, Aboriginal groups and intervenors, issues surrounding Aboriginal rights and title and the Crown’s duty to consult Aboriginal peoples have become a critical focus in the regulatory approval processes for major (and not-so-major) projects. In his article, "The Crown’s Duty to Consult and the Role of the Energy Regulator," published in Energy Regulation Quarterly, Keith Bergner examines the role of the Energy Regulatory in respect of the Crown’s duty to consult. 

Labour & Employment Law Bulletin: Privacy Commissioner’s Report on Police Information Checks Released

On April 15, 2014, the Office of the Information and Privacy Commissioner for British Columbia (the “Privacy Commissioner”) issued a report regarding the use of police information checks in British Columbia (the “Report”). 
The main focus of the Report is the scope of information provided in police information checks.  

"Selling an entire strata building." Western Investor, April 2014, Author 15.4.14
"Tech startups: How law firms are getting their business", Lexpert, April 2014

In this article, Val Mann discusses how law firms should handle being approached by an early-stage entrepreneur. According to Val, when she is approached "she conducts an informal vetting process to make sure she understands the business idea, then talks to people at incubators and in the venture and angel communities." 

“Polar Mining: The Next Frontier” 03.4.14
Mining report: Mining companies need to do a better job of preparing for AGMs

Under a tide of mounting investor scrutiny, which can lead to costly proxy battles, it is particularly important for mining companies to understand the increasing range of legislative, regulatory and governance-related rules that control these meetings. This article outlines a few key points to remember in seeking to mitigate shareholder disputes, including some defensive measures and responsive strategies.

“Roadblocks to Listing on TSX-V,”, March 2014, Co-Author 09.3.14
A light at the end of the tunnel 04.3.14
Moore v. Getahun: Ontario’s Restrictive Approach to Communications between Counsel and Experts 04.3.14
Marko Vesely interviewed in the Vancouver Sun article "Lulu app stirs controversy: dating intelligence for girls or ‘unacceptable surveillance’?"

Marko Vesely is quoted in the Vancouver Sun article "Lulu app stirs controversy: dating intelligence for girls or ‘unacceptable surveillance’?" discussing the defamation issues that may arise as a result of comments made on the controversial Lulu app, an application that allows women to anonymously share ratings of their dates among their Facebook friends.