News & Publications Results

Title Date
Amendments to Pension Investment Rules, Federal DC Accounts and Federal Disclosure Rules

On March 25, 2015, the Government of Canada published regulations amending the Pension Benefits Standards Regulations, 1985 (the “PBSR”). The amendments include changes to the federal investment rules set out in Schedule III of the PBSR (the “Investment Rules”). As the Investment Rules have been adopted by reference in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario and Newfoundland and Labrador, the changes extend beyond the federal jurisdiction. The amendments are intended to modernize the Investment Rules.

The amendments to the Investment Rules come into force on July 1, 2016. 

30.4.15
Keith Bergner quoted in the Daily Oil Bulletin 21.4.15
Keith Bergner quoted in the Calgary Herald discussing impact-benefit agreements between industry and Aboriginal groups.

Keith Bergner was quoted in the Calgary Herald article "Federal government blasted over land native claim inaction" discussing impact-benefit agreements between industry and Aboriginal groups. 

20.4.15
A Canadian Model of Corporate Governance 12.4.15
Heather Ferris quoted in The Globe and Mail on Target Corp. announcing plans to retreat from Canada 04.4.15
Heather Ferris was quoted on Lexpert Magazine on the feature, "The Ripple Effect, A stressed economy means more restructuring and insolvency and more cost pressures for lawyers."

Heather Ferris was quoted on the April 2015 issue of Lexpert Magazine on the feature, "The Ripple Effect, A stressed economy means more restructuring and insolvency and more cost pressures for lawyers." 

01.4.15
Suspension held to Constitute Constructive Dismissal: Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10

Employers frequently ask us whether they are allowed to suspend an employee, and, if they do so, whether there is a risk that the employee may sue for constructive dismissal. In a Supreme Court of Canada judgment released on Friday, the main issue was, in what circumstances may a non-unionized employee who is suspended indefinitely with pay claim to have been constructively dismissed? This article will focus on the majority reasons of the Court. 

10.3.15
Essential Tasks of Pension and Benefit Plan Trustees

This publication was designed to ensure trustees are aware of how essential it is that they understand their legal duties, what to watch out for, and how to limit their exposure to liability.

25.2.15
BC Budget Update - Hidden Treasure

The BC Budget (tabled on February 17, 2015) contained no major announcements and no general corporate or personal tax rate changes. Nonetheless, it provides opportunity for personal tax planning for high rate tax payers, and extends useful assistance to early stage businesses in BC.

18.2.15
Proposed Changes to Enhance Compliance and Enforcement Powers for WorkSafeBC

On February 11, 2015, the B.C. Government tabled Bill 9, the Workers’ Compensation Amendment Act, 2015 which if passed, significantly expands WorkSafeBC’s powers to deal with non-compliance and increases employers’ obligations in respect of workplace health and safety.  

The purpose of the legislation is to strengthen WorkSafeBC’s ability to promote and enforce occupational health and safety compliance, particularly in the area of inspections and investigations. 

13.2.15
Rob Sider quoted in Publications across the Country 11.2.15
Water Use in British Columbia 10.2.15
Lawson Lundell named Firm of the Year in Energy/Resource Litigation by Benchmark Canada

Lawson Lundell LLP is pleased to announce that it took home the award for Firm of the Year for Energy/Resource Litigation and was a finalist in four other categories at Benchmark Canada’s third annual awards ceremony, held last Thursday night at the InterContinental Hotel in Toronto.

10.2.15
Marko Vesely quoted discussing SLAPP lawsuits in the Vancouver Sun 10.2.15
“Much Ado About Parking”: Contempt and the power to punish

On January 27, the British Columbia Court of Appeal dismissed the appeal in Bea v. The Owners Strata Plan, LMS 21382015 BCCA 31, upholding the lower court’s decision finding the Plaintiff and her husband in contempt of Court and granting the extraordinary relief that the Plaintiff’s strata unit (the “Unit”) be seized and sold by the respondent (the “Owners”). In doing so, the Court made a bold statement about the scope of its inherent jurisdiction to fashion its own remedies for findings of contempt. The decision was not however unanimous, and the dissent reveals a stark philosophical divide over the question of whether or not the Legislature can direct that the Court’s inherent power to punish for contempt be exercised in specific ways.

Read more here

06.2.15
Canada Labour Code Does Not Prohibit Without Cause Terminations

The Federal Court of Appeal in Wilson v. Atomic Energy of Canada Ltd., 2015 FCA 17 (“Atomic Energy”) confirmed that federally regulated employers can dismiss non-union employees without cause. 

The Canada Labour Code (the “Code”), which applies to federally regulated employers, provides that non-union employees with 12 months or more service can bring complaints alleging that the termination of their employment was “unjust.”  An adjudicator, appointed under the Code, can award a range of remedies, if they find the termination was unjust, including reinstatement of the employee.  

05.2.15
Lawson Lundell Continues to Attract Top Corporate Finance and Securities Talent

Lawson Lundell LLP is pleased to welcome Angela Austman, an experienced corporate finance and securities lawyer, as a partner based in the Vancouver office. 

04.2.15
Federal Government Approves Meliadine Gold Mine

On January 27, 2015, the federal government accepted the Nunavut Impact Review Board (NIRB)’s recommendation — submitted in October 2014 and supported  by 127 terms and conditions — to approve Agnico Eagle’s Meliadine planned gold mine in the territory’s Kivalliq region. “It is evident that the board met its primary objectives … to protect and promote the existing and future well-being of the residents and communities of Nunavut, to protect the eco-systemic integrity of the Nunavut settlement area and to take into account the well-being of residents of Canada outside of the Nunavut settlement area,” Bernard Valcourt, Minister of Aboriginal Affairs and Northern Development, said in a Jan. 27, 2015 letter to the NIRB.

The Meliadine project, about 24 kilometers north of Rankin Inlet, will consist of one underground mine and five open pits, with a network of access roads, including, eventually, a two-lane all-weather road to the nearby Kivalliq community. During its construction phase, the project would employ about 1,000 people, and about 750 people after mining operations start up.  Following issuance of the NIRB Project Certificate, Meliadine will proceed to the operational permitting phase.

Lawson Lundell was counsel to Agnico Eagle during the environmental assessment process, including the public hearings held before the NIRB in Rankin Inlet, Nunavut during August 2014, with a team which included Brad Armstrong, Q.C., Christine Kowbel, Toby Kruger, Jennifer Nyland and Mia Chung.

03.2.15
Supreme Court of Canada Releases Right to Strike Decision: Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4

Less than two weeks after handing down one landmark case on the freedom of association, the Court released another such case last Friday, Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4. The significance of this decision is that the Court has ruled that the right to strike is a guaranteed right of freedom of association protected by Section 2(d) of the Canadian Charter of Rights and Freedoms. This is the first time the Court has declared that the right to strike is a constitutionally protected right. 

02.2.15
“British Columbia Creditor’s Remedies, An Annotated Guide” 29.1.15