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
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." 

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.

Sheila MacPherson and Sandra MacKenzie quoted in Financial Post article, "Chambers Canada 2017: Legal practice in the Arctic requires special expertise"

Sheila MacPherson and Sandra MacKenzie were quoted in Financial Post article, "Chambers Canada 2017: Legal practice in the Arctic requires special expertise" which acknowledges the differences of practising law in the North by launching a new category: General Business Law: Northern Canada and Arctic.

Rob Sider quoted in The Province

On October 3, 2016 Rob Sider was quoted in The Province article, "Stress leaves exploit a medical and legal grey area." This article discusses an increase of stress-related medical leaves in Canada which result in a medical and legal "grey area" one that employers have limited ability to manage.

Stuart Breen quoted in the National Post article,"Stock prices fuel Canadian acquisitions"

Jim Middlemiss from the National Post, "Stock prices fuel Canadian acquisitions" quotes Stuart Breen on the condition of the markets and its effect on M&A transactions. 

2016 CAPL Conference – A&D Topical Issues 19.9.16
Canada Chapter: The International Comparative Legal Guide to Mining Law 2017

Senior Mining Partners, Karen MacMillan and Khaled Abdel-Barr have written the Canadian chapter of this year's International Comparative Legal Guide: Mining Law. Read the full chapter about their projections of the industry for 2017.

Lisa A. Peters elected as chair of The BCLI

Congratulations to Lisa A. Peters, who was elected Chair of The British Columbia Law Institute during its AGM on Wednesday, August 31st.

For the full press release please visit:

Oil and gas regulation in Canada: overview

Lewis Manning and Bernadita Tamura-O'Connor provide a Q&A guide to "Oil and gas regulation in Canada: overview"

The Q&A gives a high level overview of the domestic oil and gas sector, rights to oil and gas, health safety and the environment, sale and trade in oil and gas, tax and enforcement of regulation. It covers transfer of rights; transportation by pipeline; environmental impact assessments; decommissioning; waste regulations and proposals for reform.

"Why Independent Regional"

Our Managing Partner, Clifford Proudfoot has penned an article in Lexpert about the need for independent regional law firms in a world of globalization that is seeing Canadian firms merge across borders to become international. Read Cliff's discussionhere.

Congratulations to our ever-expanding bench of “Best Lawyers.” 10.8.16
BC Human Rights Code Amended to Include "Gender Identity and Expression"

The BC Government has passed a bill (Bill 27 – 2016: Human Rights Code Amendment Act, 2016) to add "gender identity and expression" as a prohibited ground of discrimination under the Human Rights Code. The amendment adds a prohibition against discrimination on the basis of "gender identity and expression" in addition to the existing grounds of “sex” and “sexual orientation”.

For the full article please see the above pdf.

New Property Tax for Foreign Buyers

The provincial government announced earlier today, July 25, 2016, that foreign buyers of residential real estate in the Greater Vancouver Regional District (excluding Tsawwassen First Nation lands) will be subject to an additional property transfer tax (The “Additional PTT”) of 15% of the fair market value of a foreign entity's proportionate share of property. For a more detailed overview of this new tax, please refer to the Ministry of Finance Tax Information Sheet.

In summary, the Additional PTT:

1. Is effective on August 2, 2016, regardless of when the applicable contract of purchase and sale was entered into.

2. Is in addition to the general property transfer tax payable on applicable real estate transfers registered with the Land Title Office.

3. Applies to "residential property" which includes, but is not limited to, single family residences, duplexes, multifamily residences, apartments, condominiums and nursing homes.

4. Applies to "foreign entities", being:

a) foreign nationals who are not Canadian citizens or permanent residents; b) foreign corporations that were either not incorporated in Canada or incorporated in Canada but controlled in whole or in part by a foreign national or other foreign corporation (unless the shares of the corporation are listed on a Canadian stock exchange); and c) taxable trusts, being foreign national or foreign corporations or a beneficiary of a trust that is a foreign national or foreign corporation.

5. Applies to any applicable residential property transfer, even if the transaction would normally be exempt from property transfer tax, for example a transaction between related individuals or a transfer resulting from an amalgamation.

6. Does not apply to non-residential property.

7. Requires that foreign entities registering a transfer arrange to have an Additional Property Transfer Tax Return form filed at the time the property transfer is filed with the Land Title Office.

The Additional PTT is being introduced through Bill 28-2016 Miscellaneous Statutes (Housing Priority Initiatives) Amendment Act, 2016 [add link], which passed first reading at the provincial legislature today. This legislation is aimed at creating new measures to help make home ownership in the Lower Mainland more affordable. In addition to amendments to the Property Transfer Tax Act, Bill 28-2016 also includes proposed changes to the Real Estate Services Act to end self-regulation of the real estate industry and to the Vancouver Charter to grant the City of Vancouver the power to implement and administer a tax on vacant houses. 

Lawson Lundell Lawyers Recognized for Their Outstanding Contributions to CLEBC

We are pleased to announce that three lawyers and one alumnus from Lawson Lundell LLP have been recognized by the Continuing Legal Education Society for British Columbia (“CLEBC”) for their outstanding contributions. Partners Edward Wilson, David Allard, James Fraser and former partner Paul Bradley were recognized among CLEBC’s list of the most prolific volunteers from 1996-2016. According to CLEBC, this list “counts each time a volunteer has chaired or co-chaired a course, presented at a course, authored or updated a book chapter or course paper, reviewed a book as a member of an editorial board, or contributed to CLEBC in other specific ways, between 1996 and 2016.” The work that the volunteers have undertaken has included contributions to legal education and analysis as well as refining professional ethics and fostering diverse perspectives in the profession. CLEBC volunteers include lawyers, judges, academics, paralegals, legal support staff and other experts from across BC, Canada and the US. Please join us in congratulating Ed, David, Jim and Paul on this tremendous achievement.