News & Publications Results

Title Date
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).

Contract Law Update: Developments of Note

Principles of contract law are quite settled in Canada and changes to those principles tend to be incremental rather than sudden and revolutionary. Accordingly, for the most part, this paper will give you snapshots of contract law principles as they currently stand, using recent cases as examples.

Lawson Lundell wins Lexpert Zenith Award for Pro Bono Contributions

Lawson Lundell won Gold at the Lexpert 2010 Zenith Awards in the Civil Liberties category for our work with the BC Civil Liberties Association.

The Zenith Awards honour Canadian law firms, in-house departments and law students who are committing their time, skills and mentorship to a diverse and valuable range of pro bono activities.

BC Oil and Gas Activities Act in Force

On October 4, 2010, the British Columbia Oil and Gas Activities Act ("OGAA") came into force. The OGAA represents a significant change to the legal regime for oil and gas activities in British Columbia, and will have immediate consequences for conventional oil and gas producers, shale gas producers, and other operators of oil and gas facilities in the province. This newsletter provides a brief overview of key aspects of the new OGAA regime.

Lawson Lundell Launches the Western Canada Business Litigation Blog

Lawson Lundell is pleased to announce the launch of the Western Canada Business Litigation Blog. This blog will follow new and interesting issues emerging in the legal and business communities.

Lawson Lundell remembers John Lundell, Q.C.

We were saddened to learn of the death of our former Partner John Lundell, Q.C. John practiced with the firm from 1965 to 2005, following his father Oscar Lundell Q.C., one of the founders of our firm.

We extend our sincere condolences to Marie and John’s children.

Pension and Employee Benefits Law Briefing Note: Changes to Investment Rules

A recent change to the federal investment rules in the Pension Benefits Standards Regulations, 1985 (Canada) came into effect on July 1, 2010. In addition to federally regulated pension plans, this change will impact sponsors of provincially regulated pension plans in provinces where the federal investment rules have been incorporated into the provincial pension legislation. These provinces include, among others, British Columbia, Alberta, Saskatchewan and Manitoba.

Labour and Employment Law Bulletin: Negligent Infliction of Mental Suffering in the Employment Context

This summary provides an update of a case reviewed at our recent client seminar. The Ontario Court of Appeal has overturned a lower court's decision awarding damages for the negligent infliction of mental suffering in employment. Contrary to the trial level judgment, the court found that an employer does not have a duty to protect employees throughout the course of their employment from actions which might cause them mental distress.