News & Publications Results

Title Date
“British Columbia Creditor’s Remedies, An Annotated Guide” Annual, to date
Law Society Practice Checklists – Examination in Aid of Execution Annual, to date
Peter Roberts quoted in Business In Vancouver

On Monday, March 27th, Peter Roberts was quoted in the Business in Vancouver article, "Court approves first condominium sale under Bill 40." The article is the second in a two-part series examining the impact of Bill 40 on condominium owners. It focuses on the BC Supreme Court’s recent approval of the first sale of a condominium complex under the new provincial process.

2017 Federal Budget: Key Tax Changes

The 2017 Federal Budget was released on March 22, 2017. The Budget announced that the federal government will be looking into:

1. Income sprinkling using private corporations

2. Holding a passive investment portfolio inside a private corporation

3. Converting a private corporation's regular income into capital gains

This article, prepared by our Tax Group, discusses highlights of the new budget.

Freehold Lease Termination and Damages: The Post Stewart Estate World, CAPLA 14.3.17
Peter Roberts quoted in Business in Vancouver 14.3.17
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
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
Corporate Governance and Directors' Duties in Canada: Overview

Rita Andreone, QC and Michael Lee prepared a Q&A guide to "Corporate Governance and Directors' Duties 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.

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.

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.