News & Publications Results

Title Date
"New Restrictions on Assignments of Contracts of Purchase and Sale"

Senior Partner Ed Wilson discusses today's announcement by the Province of British Columbia regarding the new restrictions on Assignments of Contracts of Purchase and Sale and how it could affect you. The article has been featured on The Canadian Bar Association (CBA) website.

Penalty/Relief - Two Sides of the Same Mortgage Interest Coin When it Comes to Offending S.8 of the Interest Act

The Supreme Court of Canada issued its reasons today in Krayzel Corp. v. Equitable Trust Co., 2016 SCC 18 , adding some clarification to a mortgage lender’s right to protect itself from the increased commercial risk associated with a defaulting mortgagor through the use of interest rates, given s. 8 of the Interest Act.

For full article, please see the above pdf.

Two New Partners Join Lawson Lundell LLP

Lawson Lundell LLP is pleased to welcome Jeff Scobie and Crispin Arthur to its growing Calgary office.

Jeff, a lawyer who is highly regarded by clients involved in oil and gas activities, is now a partner in the firm’s Commercial Law and Oil and Gas Groups. He brings extensive experience advising domestic and international companies in corporate and commercial matters. Jeff previously spent six years in the Middle East and is a former general counsel of Qatar Petroleum. He advises on domestic and international projects and has experience advising in relation to LNG matters.

Crispin, a leading corporate finance and securities lawyer, has now joined the firm’s Business Law, Corporate Finance & Securities Law, Energy Law and Mergers & Acquisitions Groups. His practice includes an emphasis on oil and gas, power, securities and corporate reorganizations.

Corporate Governance and Directors' Duties in Canada: Overview

Rita Andreone, QC and Michael Lee prepared a Q&A guide to corporate governance law in Canada. 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.

For full guide please see the above pdf.

Recent Developments in Ontario in Employment and Human Rights Law

There were two interesting developments in Ontario this month in employment and human rights law.

1. Changes to the Occupational Health and Safety Act

Bill 132 clarifies that reasonable action taken by an employer in managing or directing the workplace and workers is not workplace harassment.

2. Miscarriage is a Disability under Human Rights Law

In another Ontario development, the Ontario Human Rights Tribunal has found that a miscarriage may be a disability.

Read more about these developments in the above pdf.

Manitoba Employment Standards Legislation to Include Leave

On March 15, 2016, Manitoba gave royal assent to legislation that will provide employees who are victims of domestic violence with both paid and unpaid leave from work. Titled The Employment Standards Code Amendment Act (Leave for Victims of Domestic Violence, Leave for Serious Injury or Illness and Extension of Compassionate Care Leave) (the “Act”), the law is the first of its kind in Canada.

For full article, please see the above pdf.

William Everett, QC Joins BC Utilities Commission and Property Assessment Appeal Board

After over 44 years at Lawson Lundell LLP, William Everett, QC will be leaving the firm to take up appointments as a Commissioner of the BC Utilities Commission and a member of the Property Assessment Appeal Board. He will also be joining Vancouver Arbitration Chambers as a Resident Neutral providing arbitration and mediation services.

B.C. Introduces a New Law to Govern Non-profit Societies

Jag Shergill, Nate Todd-Jones and Tom Boyd prepared an article titled, "B.C. Introduces a New Law to Govern Non-profit Societies", that was featured in the April - May 2016 edition of the Surrey Business News. The article discusses the driving force behind the passing of the new Societies Act (British Columbia), which will come into force on November 28, 2016, replacing the existing British Columbia Society Act.

Do We Really Need Stricter Regulation on A&D Activity in This Market? 04.4.16
2016 Federal Budget: Key Tax Changes

The 2016 Federal Budget was released March 22nd. The overarching theme is to provide increased benefits and relief to middle-class individuals and to close or restrict cross-border tax planning. This article prepared by Max Walker, discusses highlights of the new budget.

AER LLR Program - Introduction and Issues 15.3.16
The New British Columbia Societies Act

On November 23, 2015, the Lieutenant Governor in Council issued Order No. 673, which provided that the British Columbia Societies Act (the “New Act”) will come into force on November 28, 2016, replacing the existing Society Act (the “Existing Act”). Order No. 673 also introduced the new Societies Regulation (the “Regulation”) which provides model bylaws for societies under the New Act and clarifies the funding threshold for a society to qualify as a “member-funded society”, among other things. The Regulation will also come into force on November 28, 2016.

Mogo and Postmedia Announce Strategic Marketing Collaboration with a Minimum of $50,000,000 of Media Value over Three Years

On January 25, 2016, Mogo Finance Technology Inc., Canada’s leading digital financial brand, announced a strategic Marketing Collaboration Agreement with Postmedia Network Inc., a Canadian newsmedia company representing more than 200 brands across multiple print, online and mobile platforms.

Under the Agreement the companies will collaborate to market Mogo’s financial products and services. These products will be marketed nationally through Postmedia’s more than 200 trusted brands. The Agreement is the first of its kind and includes an innovative structure which aligns the interests of both companies. The Agreement includes media promotional commitments of at least $50 million over three years, which will significantly increase Mogo’s brand awareness and reach across Canada. In return, the Agreement provides Postmedia with revenue sharing and equity participation through warrants to subscribe for Common shares in Mogo.

Lawson Lundell LLP represented Postmedia in respect to commercial matters with a team that included Michael Macaulay (Corporate / Commercial) and Euan Sinclair  (Commercial). 

Commentary: Tapped resources - Water use and its impact on mining in Canada

Karen MacMillan and Khaled Abdel-Barr's article on the BC government changing water-use regulation, "Commentary: Tapped resources - Water use and its impact on mining in Canada" was featured in The Northern Miner on January 19, 2016.

Speculation is Evil - and Costly 04.1.16
Electricity Regulation in Canada: overview 2016/2017
Opinion: Workplaces need clear harassment policies and procedures for addressing problems

In a professional work environment, there is only one thing that is worse than losing one’s job — losing one’s reputation. You can always find another job, but once your name is tarnished, the damage may be permanent.

Following the suspension of a University of B.C. creative writing professor for “serious (undisclosed) allegations,” accusations against a UBC grad student for offensive acts and sexual assault and claims that the university failed to adequately respond to these allegations, the B.C. government is looking into developing a set of sexual harassment policies that post-secondary institutions would use to cope with sexual harassment and assault.

Read full article here.

New Rules for Tax Treatment of Employee Stock Options

The new Liberal government’s tax policy focusses on relieving the tax burden on the middle-class and increasing taxation generally for those earning more than $200,000. As part of that plan, the Liberal government plans to eliminate the tax deduction on employee stock option benefits over $100,000 and increase federal marginal tax rates on individuals with an annual income above $200,000 to 33%.

Mapping the Territory: Aboriginal Title and the decision in Tsilhqot’in Nation v. British Columbia


Record Retention Policy for E-Discovery

Increasingly, the rationale for implementing a records management and retention policy is not simply to manage space, data storage, and their associated costs, but also to limit legal fees, and increase certainty, in e-discovery. Limiting the number of records to be searched at the outset of e-discovery is the first and most important step in managing the process.

In many instances, the length of time a record must be kept is governed by statute or regulation. However, once that time requirement has passed, or in the absence of a specific retention requirement, the focus must shift to providing a rationale for keeping the record, as opposed to keeping all records by default. Although it may initially seem counterintuitive, an effective retention policy does not so much mandate record retention as plan their orderly destruction.