News & Publications Results

Title Date
Lexpert: Aligning Resource Development with the Interests of Aboriginal Peoples in Canada 28.9.15
Aligning Resource Development with the Interests of Aboriginal Peoples in Canada

 Canada’s economic future is dependent upon energy and natural resource development and therefore inextricably linked to the rights, interests and influence of Canada’s Aboriginal peoples. Despite considerable advancement in the domestic law of consultation and accommodation, there is growing unrest and dissatisfaction among Aboriginal communities with the current approach to development on their traditional lands. The impact of this unrest and dissatisfaction on resource developers is readily apparent and evidenced by the increased legal, regulatory, financial and reputational risks associated with permitting delays, operational disruptions, protests and negative media attention.

Lawson Lundell’s Knowledge Management Group Profiled in Knowledge Management for Lawyers

Lawson Lundell was recently featured in Patrick DiDomenico’s Knowledge Management for Lawyers. In this book, published by the American Bar Association, DiDomenico surveys knowledge management best practices using case studies to illustrate strategies and approaches. Commenting on Lawson Lundell, he notes that the firm has “embraced the principles and ideas of knowledge management and benefited greatly from them.” In particular, DiDomenico calls attention to the fact that the Knowledge Management group, under Euan Sinclair’s direction, “smartly leverages employees in other groups to participate in knowledge management projects and activities.”  This collaboration between groups ranging from Information Resources, to Information Technology to Business Development and Marketing, maximizes resources and efficiencies while also serving as a way to break down silos between departments and to enhance the sharing of knowledge. In the book, Sinclair describes his role as follows: “working proactively with practice groups to identify the areas where the scarce KM resources can be applied to best effect.” 

BP Canada: Uncertain Tax Positions and the Importance of Maintaining Privilege

In its recent decision in Minister of National Revenue v. BP Canada Energy Company, the Federal Court of Canada considered the Minister’s ability to compel BP to provide its tax accrual working papers pursuant to the Minister’s inspection powers in subsection 231.1(1) of the Income Tax Act. The decision in favour of the Minister signals a substantial change to the audit process and may require modifications to the way in which corporate taxpayers analyse their uncertain tax positions.

Jason Paton of Lawson Lundell is CAPLA's New General Counsel

Jason Paton, an oil and gas partner with the law firm Lawson Lundell LLP in Calgary, has agreed to act as general counsel to CAPLA (Canadian Association of Petroleum Land Administration) on a volunteer basis. This news appeared in the September 2015 edition of NEXUS Magazine.

Best Lawyers in Canada 2016 Recognizes Forty-Four Lawson Lundell Lawyers 25.8.15
The International Comparative Legal Guide to: Mining Law 2016

This article appeared in the 2016 edition of The International Comparative Legal Guide to: Mining Law; published by Global Legal Group Ltd, London

Craig Ferris named 2016 Employee Benefits Law Lawyer of the Year (Vancouver) by Best Lawyers

Craig Ferris has been named Best Lawyers Employee Benefits Law Lawyer of the Year in Vancouver for 2016

SCC clarifies that provincial superior courts can decide the lawfulness of federal legislation if doing so is a “necessary step” in resolving the claim before them

On July 9, 2015, the Supreme Court of Canada released its decision in Strickland v Canada, 2015 SCC 37 (Strickland). At the heart of the case was whether the Federal Court was correct in refusing to exercise its discretion to hear a judicial review of the Federal Child Support Guidelines (the Guidelines) on the basis that the provincial superior courts were a more appropriate venue. While the decision dealt specifically with the Guidelines, the conclusions reached therein apply equally to all federal legislation.

Recently Enacted Regulations Impose New Health and Safety Requirements on Federally Regulated Businesses

On June 19, 2015, the Federal Government enacted the Policy Committees, Work Place Committees and Health and Safety Representatives Regulations. These Regulations impose new obligations on federally regulated businesses in respect of their health and safety committees or representative. The Regulations ensure that federally regulated workplaces are required to meet a similar standard to their provincial counterparts, which are subject to similar standards under provincial legislation. Some of the businesses affected by these regulations include those dealing in interprovincial trucking, railways, air transportation, marine shipping, telecommunications, banking, and First Nation businesses. 

Federal Private Sector Privacy Legislation Amendments

Long anticipated amendments to the federal private sector privacy legislation, the Personal Information Protection and Electronic Documents Act (“PIPEDA”), were made with the passing into law of the Digital Privacy Act in late June. 

 In the employment context, PIPEDA applies to federally regulated employers (including banks, telecommunication companies, airlines and other interprovincial businesses) and private sector employers operating in the Yukon, Northwest Territories and Nunavut.

Federal Government Passes Union Spending Bill, Bill C-377

The federal government has enacted a new tax law that requires unions to disclose financial information (Bill C-377, An Act to Amend the Income Tax Act, passed on June 30, 2015). The bill had been slowly progressing for four years. It was the first private member’s bill to proceed to the Senate this session, and its passing was the final legislative act of the 41st Parliament.

"Post-retirement Benefit Class Actions: Vivendi Canada Inc. v. Dell'Aniello', Pension Planning 25.6.15
The International Comparative Legal Guide to: Corporate Governance 2015 Edition

This article appeared in the 2015 edition of The International Comparative Legal Guide to: Corporate Governance; published by Global Legal Group Ltd, London.

Off-duty tracking offside, says legal experts 15.6.15
"BC CLE, Foreclosure Update, Costs & Disbursements & Civil Forfeiture 27.5.15
Amaan Gangji's article on the venture capital industry being strong as ever published on TechVibes

Amaan Gangji's article "Room for Optimism in Assessing the Future of Venture Capital in Canada"  appeared in TechVibes. In this article, Amaan highlights the rise of Canada's venture capital industry. However he notes that despite the growth, average venture capital financing deal sizes in Canada have remained relativelty small in comparison to the world's top ten nations.

Bill 24 - The New British Columbia Societies Act

The new Societies Act is intended to provide greater flexibility to the internal governance of not-for-profit organizations, while enhancing accountability measures among charities and publicly funded societies. Some of the many proposed changes include implementing new corporate governance procedures, as well as distinguishing between publicly funded societies and member-funded societies (being those societies funded primarily by its members to carry on activities for the benefit of its members).

New Employer Occupational Health and Safety Obligations Now in Force

On May 14, 2015, Bill 9, the Workers’ Compensation Amendment Act, 2015, was given Royal Assent. As we previously reported, the amendments significantly expand WorkSafeBC’s powers to deal with non-compliance and increase employers’ obligations in respect of workplace health and safety. Several sections of the statute are now in force. Of particular note is the new two stage incident investigation process. Employers must undertake a Preliminary Investigation and rectify any unsafe conditions, acts or procedures within 48 hours, followed by a Full Investigation of which a copy of the investigation report must be provided to WorkSafeBC within 30 days of the incident.

Clients are encouraged to review their internal incident investigation procedures to ensure that they meet the new standard. Employers failing to comply with the requirements of the Act could face financial penalties.

Pension Reform: Pension Benefits Standards Act in Force September 30, 2015

The new Pension Benefits Standards Act was passed by the BC Legislature in May of 2012 and amended once in 2014 (the “New Act”). On May 11, 2015 the Regulations to the New Act were released (the “New Regulations”), which provide further detail and rules that support the New Act. 

A comprehensive review of the New Regulations is beyond the scope of this announcement. The Pension and Employee Benefits Law Group at Lawson Lundell will be hosting one or more information sessions in the coming weeks to remind sponsors, administrators and advisors of the rules contained in the New Act and to discuss the effect of the New Regulations.