News & Publications Results
|Ontario Court of Appeal Judgment a Reminder of the Importance of Carefully Drafted Termination Clauses
In a recent decision, Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158, the Ontario Court of Appeal reversed a 2016 judgment of the Ontario Superior Court of Justice that had found a termination clause in an employee’s employment agreement enforceable. The consequence for the employer was that, instead of 13 weeks’ working notice and a lump sum equivalent to eight weeks’ pay, the employee was entitled to nine months’ reasonable notice.
|No Common Law Duty Requiring Employers to Reasonably Exercise their Discretionary Contractual Powers in Relation to their Employees
In a recent decision, Styles v. Alberta Investment Management Corporation, 2017 ABCA 1, the Alberta Court of Appeal reversed a 2015 judgement of the Alberta Court of Queen’s Bench that had recognized a common law duty requiring employers to reasonably exercise their discretionary contractual powers in relation to their employees. The Court of Appeal found that such a duty is not one that should be imposed upon employers.
|BC Budget Update - Corporate Tax Cut
The small business corporate income tax rate will be reduced from 2.5% to 2% effective April 1, 2017. This means that the combined Federal and Provincial tax rate for small business income, up to $500,000 per year, will be 12.5% in British Columbia (subject, of course, to any changes coming in the Federal Budget).
|Ken Burns quoted in Benefits Canada||21.2.17|
|Search and Ye May Find Something Else: Use of Competitors’ Names in Keyword Advertising and Domains||08.2.17|
|Jennifer Nyland and Laura Duke's article, "Court clarifies threshold requirement to trigger BC environmental assessment," published in Canadian Mining Journal
Jennifer Nyland and Laura Duke's article, "Court clarifies threshold requirement to trigger BC environmental assessment" was published in the February-March issue of Canadian Mining Journal. The article examines a recent decision by the B.C. Court of Appeal clarifying the threshold requirement to trigger a BC environmental assessment.
|"Crossing Borders: The Top 10 Differences Between Litigating in the U.S. and Canada", The Lawyers Log Book, Vol 6., No. 2, pg. 44-45 (Winter 2016 - 2017), Author||31.1.17|
|Supreme Court Of Canada Dismisses Appeal Alleging Freedom of Expression Breach||23.1.17|
|Corporate Governance and Directors' Duties in Canada: Overview
The Q&A gives a high level overview of board composition, the comply or explain approach, management rules and authority, directors’ duties and liabilities, transactions with directors and conflicts, company meetings, internal controls, accounts and audit, institutional investors and reform proposals.
|BC Employers Subject to New Requirements Regarding Joint Health and Safety Committees and Worker Health and Safety Representatives
Michelle Jones’ article, “BC Employers Subject to New Requirements Regarding Joint Health and Safety Committees and Worker Health and Safety Representatives,” examines WorkSafeBC’s approval of three new sections of the Occupational Health and Safety Regulation (OHSR): Evaluation of Joint Committees, Minimum Training Requirements and Participation in Incident Investigations.
|Laura Duke Contributes to Project Law Blog||05.1.17|
|Video Surveillance and Individual Privacy Rights: BC Privacy Commissioner Issues First Ever Audit and Compliance Report
David Gibbons and Nicole Skuggedal's article “Video Surveillance and Individual Privacy Rights: BC Privacy Commissioner Issues First Ever Audit and Compliance Report” discusses the OIPC issuing its first ever Audit and Compliance Report following an audit of a private sector business. In particular, in the "Report" the Commissioner determined that a medical clinic’s use of video and audio surveillance was unauthorized and excessive.
|SCC Rules Debtors Impliedly Consented to Disclosure of Mortgage Discharge Statement||24.11.16|
|Contract Law Update: Developments of Note (2016)
This paper discusses contract law issues including decisions of relevance to commercial lawyers and business leaders giving a snapshot of particular principles of interest that arose in case law over the past 12 months.This year she examines topics such as: the standard of review on contract interpretation issues; anti-oral amendments; unilateral or bilateral contracts, limitations law as applied to continuing breaches of contract, penalty clauses updates, duty of good faith performance and rights of first refusal and contract clauses vesting a party with descretion.
|CRTC Releases CASL Decision Clarifying the Limits of Implied Consent
Lisa Chamzuk and Nicole Skuggedal’s article “CRTC Releases CASL Decision Clarifying the Limits of Implied Consent” discusses the first written reasons issued by Canadian Radio-Television and Telecommunications Commission (CRTC) in an Anti-Spam case under Canada’s legislation (CASL). In particular, the CRTC decision provides guidance on the scope of the “conspicuous publication” exemption and on the penalties likely to be levied under CASL.
|Peter Tolensky and Edward Wilson Contribute Chambers Canada’s Real Estate BC Overview
Peter Tolensky and Ed Wilson from Lawson Lundell’s Real Estate Group contributed to Chambers Canada’s Overview: REAL ESTATE: An Introduction to British Columbia. This overview examines British Columbia’s active real estate market in 2016, with a particular focus on the Metro Vancouver area.
|Laura Bevan quoted in Canadian Business Franchise Magazine
Laura Bevan is quoted in the Canadian Business Franchise article, "Franchise locations must be known prior to disclosure document", published on October, 17 2016. This article examines how franchisee Raibex Canada in Mississauga, Ont., was entitled to rescind its franchise agreement with All Star Wings and Ribs (ASWR) because the franchise location and the head lease were not established before the disclosure document was provided.
|Lawson Lundell Partner Lewis Manning is mentioned in the Daily Oil Bulletin article, “Alberta Court of Appeal Reserves Decision in RedWater Energy Court Case."
Lawson Lundell Partner Lewis Manning is mentioned in the Daily Oil Bulletin article, “Alberta Court of Appeal Reserves Decision in RedWater Energy Court Case."
|Chapter 13 – Intellectual Property Disputes, in the CLEBC BC Business Disputes Manual||10.10.16|
|Changes Afoot on the Canadian Governance Front
Rita Andreone, QC, ICD.D’s article “Changes Afoot on the Canadian Governance Front” discusses potential amendments to National Instrument 58-101 Disclosure of Corporate Governance Practices (NI 58-101), Form 58-101F1 Corporate Governance Disclosure, and to Bill C-25, the Canada Business Corporations Act.
For the full article please see the above pdf.