News & Publications Archive

Senior Real Estate lawyer, Ed Wilson was quoted in the Canadian Lawyer Magazine article, "B.C. restricts contract assignments", which discusses how Vancouver's escalating property values led some real estate representatives to flip properties, in the period between the signing of the agreement to purchase and closing by assigning the sale to another seller at a higher price.
For Ed's full comments, please click the above pdf.

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”.

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. 

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.  

Partner and our Chief Inclusiveness Officer, Karen MacMillan, has written an article in Business in Vancouver on how to build a successful diversity and inclusiveness program in your organization. 

Paul Negenman was quoted in the CAPLA June 2016 issue article, "Lunch 'N Learn: 'Never Do A License Transfer Unless You Know The LLR' ", which addresses how buyers and sellers of oil and natural gas assets in Western Canada who want to ensure a successful licence transfer application (LTA) should never do a transaction where they do not know the asset specific Licensee Liability Rating (LLR) and its impact on them.

For the full article, please see the above pdf.

Toby Kruger, Keith Bergner and John Olynyk provide the following update: On June 9, 2016, the Supreme Court of Canada agreed to hear an appeal from Yukon Court of Appeal’s Peel watershed decision. Click here to read our earlier blog post on the Court of Appeal’s decision handed down November 4, 2015.

Read more here.

Heather Ferris was acknowledged in The Advocate May 2016 as a current committee member for the Builders Lien Act Reform project.

Ed Wilson was acknowledged in The Advocate May 2016 issue as a current committee member for the Strata Property Law Reform project.

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.

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.

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.

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.

Paul Negenman was quoted in the Daily Oil Bulletin article, "LLR Diligence Necessary In A&D Transactions, CAPLA Members Told", which addresses that buyers and sellers of oil and natural gas assets in Western Canada who want to ensure a successful licence transfer application (LTA) should never do a transaction where they do not know the asset specific Licensee Liability Rating (LLR) and its impact on them.

For full article, please see the above pdf.

Ritu Mahil is quoted in the Benefits Canada article, "Human rights ruling on miscarriage puts employers on notice", which discusses how employers are to handle employee miscarriages.

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.

Late last week, the Government of Canada released a proposed methodology for estimating upstream GHG emissions from proposed oil and gas projects undergoing federal environmental assessment. This comes on the heels of the Government’s announcement in late January of its new guiding principles for project review, one of which included assessment of “direct and upstream greenhouse gas emissions linked to the projects under review” (see our previous blog post here). Interested parties have until April 18 to provide comment to the Oil, Gas and Alternate Energy Division of Environment and Climate Change Canada, following which a final methodology will be developed.

Read more here.

Heather Ferris was quoted in the Law Times article, "Insolvency laws still to be ironed out," in which she discusses that one of the major issues in Canada concerning insolvency is the cost of proceedings.

Deborah Cushing was quoted in the Benefits Canada article, "How to bridge the parental leave divide", which discusses the length of parental leave in the workforce.

Recognized nationally, the YWCA Women of Distinction Awards honours individuals and organizations whose outstanding activities and achievements contribute to the well-being and future of our community.

Congratulations to Rita Andreone as she is nominated for The 2016 33rd Annual YWCA Women of Distinction Awards in the Business & the Professions category.

John Smith was mentioned in the Globe and Mail article, "How Vancouver found a path to a deal with Canadian Pacific Railway," which details the City of Vancouver's deal to purchase from CPR the Arbutus Greenway corridor, ending a highly publicized and long-running dispute.

"It’s been 12 years since the landmark ruling that established the Crown’s “duty to consult” with aboriginal groups. Most mining and resource projects navigate this process, but it’s hardly routine. More than growing pains, industry says governments aren’t doing their job". 

Keith Bergner was quoted in this article, published in Listed Magazine regarding the Crown's "duty to consult" with aboriginal groups.

Peter Roberts was quoted in the Globe and Mail article discussing the trend of Lower Mainland condo owners selling whole buildings to developers.

Craig Ferris was quoted in the SNL Financial article, "Lawsuit over land transfer to First Nations could set precedent in British Columbia." This article discusses the Chinese mining firm, China Minerals Mining Corp filing a petition in a British Columbia court, unhappy that the local government transferred land included in the company's mining permit to the Kaska Dena Council, a First Nations organization

Amaan Gangji was quoted in the Lexpert article, "The legal considerations of the Internet of Things." This article discusses how everyday technology are increasingly embedded with software, sensors and network connectivity, and collecting and exchanging data that legal implications can be complex and unpredictable.

In a set of press releases issued today (here and here), the Government of Canada announced 5 principles that it says will guide its discretionary decision-making for projects being reviewed in environmental assessment, along with a set of interim measures it says will be implemented in two existing pipeline reviews.

Read more here.  

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). 

Angela Austman was quoted in the Vancouver Sun article, "Economic downturn hits B.C. mining exploration hard."

Angela Austman was quoted in the January 22, 2016, Vancouver Sun article, "Lawyers, accountants feel pinch from downturn in mining exploration."

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.

Michael Morgan was quoted in the January 18, 2016, Law Times article, "SCC decision in builders' lien proves cash is king."

(Attorney General) v. Federation of Law Societies of Canada (SCC, BC) was named as number 2 in Lexpert’s Top 10 Business Decisions of 2015, in which Craig Ferris and Laura Bevan was listed as counsel.

Peter Tolensky was quoted in the December 22, 2015 Financial Post article, "A 'golden era' for Vancouver commercial real estate lawyers."

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.

Craig Ferris was quoted in a December 15, 2015 Financial Post article, "Supreme Court to decide whether judges can sit outside their province."

As Chair of the Stanton Territorial Hospital Foundation, Sandra was quoted in Wednesday’s issue of the Yellowknifer in the article, “Dialysis machines a dire need.” It highlights the Stanton Territorial Hospital Foundation’s annual fundraising gala where nearly $130,000 was raised for the hospital to receive three new dialysis stations with 300 local business owners and community members in attendance. Sandra was quoted about the Foundation and the latest initiative for fundraising.

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.

It was so simple in the old days. The filing system was secured by lock and key. The communication “platforms” were writing a letter, setting up a meeting or speaking on the telephone. Any risk of interception by unauthorized third parties was negligible.

Then technology came along and ruined everything. Technology changed the way lawyers store and access their client data. It’s only really now, in the age of high profile hacks, that lawyers are starting to question where their data goes when it is in transit and where it lives when it is at rest on a server.

The decision for law firms on where to store data is not an easy one, for there are many benefits and risks to take into account. The choices come down to storing data on local hard drives or USB sticks (not recommended), on a shared drive on a network, or somewhere on the cloud.

 Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: e-Commerce 2016, (published in July 2015; contributing editor: Robert Bond, Charles Russell Speechlys). For further information please visit www.gettingthedealthrough.com.

Keith Bergner was featured in the November 2015 issue of BCBusiness magazine in one of the main articles, "The Calling," by Kerry Banks. The article discusses how, "In light of recent court rulings, the need to consult and work with First Nations has never been more important for B.C. companies - and the need to hire expert legal counsel never greater."

Chris Sanderson was interviewed by Lexpert magazine in the article, "Regulators Decide: SCC", that appeared in their November/December 2015 issue. Chris discussed the recent Supreme Court of Canada's companion decisions in Atco Gas and Pipelines Ltd. v. Alberta and Ontario v. Ontario Power Generation Inc.

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.