News & Publications Results
|Consultation Requirements in the Post-Treaty Context
A review of the approach of the Courts (and the issues currently before the Courts) to the concepts of consultation, accommodation, and justification in the post-treaty context—specifically in relation to the numbered treaties. In addition, we consider the approach to consultation that appears to be reflected in modern land claims agreements and treaties.
|Venture Capital Investment Terms - Comments to the NVCA Term Sheet
The National Venture Capital Association (US) has prepared various model venture capital documents for use in the industry, including a term sheet (the “NVCA Term Sheet”). This paper covers the NVCA Term Sheet from a Canadian perspective and outlines the key terms for a venture capital investment drawing on the provisions of the NVCA Term Sheet.
|Collection Law in British Columbia: Getting Paid on a Collection File - From Start to Finish
This paper is intended to be an overview of various issues and potential pitfalls that inevitably will arise in the course of attempting to collect on a debt claim from the time the debt becomes due all the way through to the enforcement of a court judgment based on the debt claim.
|The Crown's Duty to Consult and Accommodate
Two Supreme Court of Canada November 2004 landmark decisions provide a preliminary outline of the parameters of the Crown’s duty to consult and, where appropriate, accommodate Aboriginal peoples in circumstances where Aboriginal interests have been asserted, but not proven. The decisions also provide a framework for Aboriginal consultation activity related to potential infringements of Aboriginal rights caused by land and resource development activities. These decisions are also significant for practitioners of administrative law given the Supreme Court’s reliance upon administrative law principles.
|Top Ten Issues Facing Insolvency Practitioners Across the Country
There are many enumerated acts of bankruptcy in the Bankruptcy and Insolvency Act, but most creditors will rely on the ground that the debtor has ceased to meet his liabilities generally as they become due. It is also important to note that a debtor be unable to pay liabilities as they become due – as opposed to being able but unwilling.
This paper will consider the background of the move to eliminate mandatory retirement, and after considering the arguments for and against mandatory retirement, the implications of a ban on mandatory retirement for the human resource practices of employers in British Columbia will be examined.
|British Columbia Legal Update Prepared for the 39th Annual Canadian Property Tax Association National Workshop Cross-Canada Legal Panel
An overview of legislative changes and caselaw developments in British Columbia property assessment and taxation in the past year. The review is not intended to be exhaustive, but instead to provide a cross-section of topical cases which may be of interest both to the B.C. chapter and the national membership. The focus lies on stated case decisions.
|Energy Law Newsletter - Summer 2005
Quarterly newsletter from the Energy Law Group.
|Supreme Court of Canada Rejects Aboriginal Commercial Logging Rights
On July 20, 2005 the Supreme Court of Canada overturned Court of Appeal decisions from New Brunswick and Nova Scotia finding that Mi’kmaq people have a treaty right to harvest timber for commercial purposes. In so doing, the Court also provided guidance on how to assess aboriginal title claims. The decision is therefore of significance to forestry and other resource sectors in British Columbia and other parts of western and northern Canada where aboriginal title claims remain outstanding.
|Pension & Benefits Law Briefing Note
Supreme Court of British Columbia Upholds Unequal Reduction of Benefits in Multi-Employer Plan.
|Chaoulli v. Quebec (Attorney General): The Supreme Court of Canada Sets the Stage for Fundamental Health Care Reform
The long-awaited Supreme Court of Canada decision in Chaoulli v. Quebec (Attorney General) is the first of its kind to consider in depth the constitutionality of Canada’s public single-tier health care system and it has potentially profound implications for the way in which health care is delivered in Canada.
|Introduction of ULC Legislation in Alberta
The Business Corporations Act (Alberta) has been amended to provide for the establishment of unlimited liability corporations (ULCs), which have been used for cross-border tax planning for a number of years. Lawson Lundell has extensive experience in structuring transactions that utilize ULCs.
|Real Property Assessment 2005: Equity and Consistency in Assessments
A hallmark of the assessment and taxation of property in B.C. is the principle of equity: taxing authorities must deal even-handedly with all taxpayers in a municipality or rural area, and all taxpayers within a class must be treated in the same way. This is a brief overview of the statutory basis of duties and powers of the Assessor and the Board in the context of recent developments in the case law concerning the application of equity in assessments, and some practical observations on the use of equity in an assessment appeal.
|Real Property Assessment 2005: Major Industry Use and Classification Issues
A brief overview of the principles of classification of industrial properties in the context of a review of recent classification decisions. Under s. 19(14) of the B.C. Assessment Act, R.S.B.C. 1996, c. 20 and the Prescribed Classes of Property Regulation (B.C. Reg. 438/81), real property in B.C. is classified for the purposes of assessment and taxation into one or more of eight property classes.
|Special Edition: Environmental and Energy Law Newsletter - May 2005
New Federal Plan for Kyoto Commitment Implementation.
|Energy Law Newsletter - Spring 2005
Quarterly newsletter from the Energy Law Group.
|The Benefits of Using an Unlimited Liability Company
Unlimited Liability Companies (“ULC”) have become useful vehicles for the acquisition of a Canadian business by a U.S. investor. This paper summarizes the advantages of using a ULC, the treatment of a ULC in Canada and in the U.S. and the use of a ULC in a factual setting involving the acquisition of a Canadian business.
|Mergers and Acquisitions: Identifying and Addressing Pension and Benefit Legal Risks
This topic addresses some recent high profile pension and benefit stories involving mergers and acquisitions, then sets out ways that organizations can identify legal risks associated with pension and benefit plans and then how to address them with action before, during, and after the transaction.
|Federal Government Budget Measures Regarding Kyoto Commitments
On March 24, 2005, Bill C-43 was tabled in the House of Commons. Parts 13, 14 and 15 of Bill C-43 contain federal government measures for implementation of the Kyoto Protocol to the United Nations Framework Convention on Climate Change. The Kyoto Protocol came into force on February 16, 2005.
|Rod Hayley and Ward Branch present national online CLE on class actions
In September 2004 the Canadian Bar Association offered an online CLE entitled "An Insider's Guide to Class Certification", presented by Rod Hayley and Ward Branch.