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Mining Law Update - Spring 2010
Lawson Lundell LLP, May 2010, British Columbia
This is Lawson Lundell’s web-based publication dedicated to keeping readers informed aboutdevelopments in Canadian mining law. For more information regarding the articles in thisnewsletter, please contact Chris Baldwin at 604.631.9151 or cbaldwin@lawsonlundell.com orChristine Kowbel at 604.631.6762 or ckowbel@lawsonlundell...
| Federal Budget 2010 - Taxation Measures Affecting Technology Companies, Private Equity and Venture Capital
Lawson Lundell LLP, March 2010, British Columbia
The March 4, 2010 Federal Budget introduced some targeted measures of interest to companies in the technology industry, as well as private equity and venture capital funds investing in technology companies...
| New Conspiracy / Cartel Law in Effect
Lawson Lundell LLP, March 2010, British Columbia
Canada’s new regime for addressing criminal cartels is now in force. The Federal Government introduced the most sweeping changes to the Competition Act in 25 years in March of 2009. One of the most significant amendments made was to the conspiracy law provisions. The introduction of the new conspiracy enforcement regime was delayed one year, to March 12, 2010, and is now in effect...
| Climate Change Newsletter - New Greenhouse Gas Reporting Regulations
Lawson Lundell LLP, January 2010, British Columbia
January 1, 2010 ¨C GHG Reporting Requirements in Effect As of January 1, 2010, "single facility operations" and "linear facilities operations", located in British Columbia and emitting 10,000 tonnes or more of greenhouse gases (GHGs) per year will be required to register with the Ministry of Environment (MOE), collect emissions data, and report their GHG emissions...
| Pension and Employee Benefits Law Briefing Note - R. v. Christophe (2009 ONCJ 586): Trustees Convicted of Regulatory Offence
Lawson Lundell LLP, December 2009, British Columbia
In a decision that stands as a cautionary note to trustees of pension and benefit plans, the Ontario Superior Court of Justice has found the Trustees of the Canadian Commercial Workers Industry Pension Plan (the "Plan") guilty of breaching the investment rules applicable to pension plans in Ontario. 1. The Facts in Christophe The Plan’s portfolio is valued at approximately $1 billion...
| Getting the Deal Through
Lawson Lundell LLP, October 2009,
How can the government’s attitude and approach to internet issues best be described? The Canadian government recognises that Canada is a small country in a global economy and it pursues a general policy to ensure that Canada is ‘connected’...
| Labour & Employment Law Update - A Cautionary Tale About Temporary Layoffs
Lawson Lundell LLP, October 2009, British Columbia
Labour & Employment Law Update A Cautionary Tale about Temporary Layoffs A recent decision of the B.C. Supreme Court, Besse v. Dr. A.S. Mechner Inc., 2009 BCSC 1316, serves as a reminder that employers do not have the right to lay off employees temporarily (and without severance) unless this right is specified in the employment agreement. In this case, a dentist was seeking to reduce the staffing costs associated with his practice...
| Pension and Employee Benefits Bulletin - Pension Reforms Announced by the Minister of Finance
Lawson Lundell LLP, October 2009, British Columbia
On October 27, 2009 the Minister of Finance Jim Flaherty announced a number of proposed changes to the pension framework in Canada. Most of the proposed changes will be made to the Pension Benefits Standards Act, 1985 (Canada) (the “PBSA”), which governs federally regulated pension plans...
| Pension and Benefits Law Briefing Note - Changes to Post-Retirement Healthcare Benefits: A Case Comment on Bennett v. British Columbia
Lawson Lundell LLP, October 2009, British Columbia
In recent times, the issue of post-retirement healthcare benefits has taken on a heightened significance for employers and sponsors of pension and health and welfare plans. Factors such as an increasing number of retirees, rising drug and healthcare costs and government cutbacks to universal healthcare programs are causing organizations to re-evaluate the extent to which they can or are willing to continue to provide post-retirement healthcare benefits...
| Pension and Benefits Law Briefing Note: Nolan v. Kerry (Canada) Inc.
Lawson Lundell LLP, August 2009, British Columbia
On August 7, 2009, the Supreme Court of Canada released its much anticipated decision of Nolan v. Kerry (Canada) Inc., a decision that concerns the ability of a plan sponsor to charge pension plan administrative expenses to the pension fund and the ability of a sponsor to use the actuarial surplus in the defined benefit portion of a pension plan to fund a contribution holiday in respect of the defined contribution portion of the plan...
| Changes to the Labour Market Opinion (LMO) Program
Lawson Lundell LLP, June 2009, British Columbia
The Labour Market Opinion (LMO) program of Service Canada has recently changed: extension applications for LMOs are no longer permitted. Instead, each request to continue to employ a foreign worker will be treated as a new LMO request and will need to be supported by evidence of updated recruitment activity...
| Climate Change: Legislative & Policy Initiatives: International
Lawson Lundell LLP, August 2008, British Columbia
Concerns over global climate change have sparked a series of legislative and policy responses on the provincial, federal, regional, and international levels. The challenge of complying with climate change policy is that different governments have invoked a number of different policy tools to respond and adapt...
| Supreme Court of Canada Clarifies the Duty to Accommodate
Lawson Lundell LLP, August 2008, British Columbia
On July 17, 2008, the Supreme Court of Canada in Hydro-Québec v. Syndicat des employé-e-s de techniques professionnelles et de bureau d'Hydro-Québec, 2008 SCC 43 clarified that there are limits to the employer’s duty to accommodate...
| Labour and Employment Newsletter - Summer 2008
Lawson Lundell LLP, July 2008, British Columbia
Supreme Court of Canada Considers Duty to MitigateMay an employer fire an employee without cause, and then avoid paying damages by offering him temporary work? ‘Yes, sometimes’ declared the Supreme Court of Canada in Evans v. Teamsters Local Union No. 31 in a 6-1 ruling released in May 2008.Background FactsMr. Evans worked as a business agent for the Teamsters for twenty-three years. He was dismissed following the election of new union leadership. Mr...
| Supreme Court of Canada Issues Landmark Employment Law Decision in Keays v. Honda Canada Inc.
Lawson Lundell LLP, June 2008, British Columbia
On June 27, 2008, the Supreme Court of Canada (“SCC”) released its decision in Keays v. Honda Canada Inc. and overturned the decision of the Ontario Court of Appeal and narrowed the scope of Wallace damages for the “bad faith” manner of dismissal. This decision arises from a decision of the Ontario Superior Court of Justice which awarded $500,000 in punitive damages to a dismissed employee in addition to 24 months salary in lieu of notice...
| Expropriation from the Property Owner's Perspective - prepared for a CLE on Real Estate Special Topics in June 2008
Lawson Lundell LLP, June 2008, British Columbia
A. INTRODUCTIONThe development of transportation infrastructure in the Lower Mainland depends on expropriation of private property...
| Pollution Exclusion Clauses: An Analysis of the Canadian Jurisprudence
Lawson Lundell LLP, June 2008, British Columbia
1. This paper will address of a number of issues with respect to the pollution exclusion clauses commonly contained in Commercial General Liability (“CGL”) insurance policies. In particular, this paper considers how Canadian courts have interpreted and applied the standard wording of pollution exclusion clauses, and whether the decision of the Ontario Court of Appeal in Zurich Insurance Co. v. 686234 Ontario Ltd...
| Mining Law Update - Spring 2008
Lawson Lundell LLP, May 2008, British Columbia
Province of British Columbia Bars Exploration and Development of Uranium ResourcesOn April 24, 2008, the Province of British Columbia announced that it will not support the exploration and development of uranium in British Columbia and is establishing a "no registration reserve" under the Mineral Tenure Act for uranium and thorium. The "no registration reserve" will ensure any future claims do not include the rights to uranium...
| Mining Law Update - Winter 2008
Lawson Lundell LLP, May 2008, British Columbia
Yukon Supreme Court Considers the Duty to Consult on Settled Treaty LandsCanadian case law continues to refine the principles of the duty to consult and accommodate Aboriginal peoples, and the May 2007 decision of the Yukon Supreme Court in Little Salmon/Carmacks First Nation v. The Government of Yukon (Minister of Energy, Mines and Resources), 2007 YKSC 28 considers the extent of its application on recently settled treaty lands in the Yukon...
| Pension and Employee Benefit Class Actions - The Defence Perspective
Lawson Lundell LLP, February 2008, British Columbia
Pension and benefit plan administrators are becoming increasingly familiar with litigation and in particular, class proceedings. We have seen a tremendous increase in both the number of pension and the breadth of issues raised in those actions...
| The Tsilhqot'in Nation v. British Columbia Case: What It Means and What It Doesn't Mean
Lawson Lundell LLP, December 2007, British Columbia
What It Means: After 339 days of hearings over five years, and at a cost of almost $30 million, a court in British Columbia has expressed its opinion that the Tsilhqot'in Nation has aboriginal title to approximately 2,000 square kilometres of land, but stopped short of making that opinion legally binding by granting a declaration of aboriginal title...
| The Implied Undertaking Rule
Lawson Lundell LLP, December 2007, British Columbia
The rule that a party receiving documents in litigation holds them subject to an implied undertaking to use them only in the proceedings in which they were produced has been a fixture of practice in British Columbia since 1995. However, while the rule is easy to state, it often proves more difficult to apply in practice and carries with it the potential for very serious sanctions for breach...
| The Implied Undertaking Rule
Lawson Lundell LLP, December 2007, British Columbia
The rule that a party receiving documents in litigation holds them subject to an implied undertaking to use them only in the proceedings in which they were produced has been a fixture of practice in British Columbia since 1995. However, while the rule is easy to state, it often proves more difficult to apply in practice and carries with it the potential for very serious sanctions for breach...
| Aboriginal Title Declaration Dismissed, for Now: Tsilhqot'in Nation v. British Columbia
Lawson Lundell LLP, November 2007, British Columbia
On November 21, 2007, the Supreme Court of British Columbia released the decision of Mr. Justice Vickers in Tsilhqot’in Nation v. British Columbia(1). The decision dealt with a claim brought by Chief Roger William of the Xeni Gwet’in First Nation, on behalf of the Xeni Gwet’in First Nation and the Tsilhqot’in Nation...
| Alberta Court of Appeal to Review AEUB Powers to Include or Remove Property of a Utility in Rate Base
Lawson Lundell LLP, November 2007, British Columbia
The Alberta Court of Appeal recently granted Atco Gas and Pipelines Ltd.’s (ATCO) application for leave to appeal AEUB Decisions 2005-63 and 2007-005 and Interim Order U2005-133. In those decisions the AEUB required ATCO to maintain certain natural gas reservoir storage assets (the “Carbon Facilities”) in rate base...
| British Columbia Action on GHG Emission Reductions
Lawson Lundell LLP, November 2007, British Columbia
In his September address to the Union of B.C. Municipalities, the Premier announced that the Western Climate Initiative is working collaboratively to develop a cap and trade system by next August. British Columbia will also require hard caps on GHG emissions from all heavy emitters in B.C. All ministries and Crown agencies will be legally required to be carbon neutral by 2010 – “no ifs, ands or buts”...
| Residential Natural Gas Unbundling in BC
Lawson Lundell LLP, November 2007, British Columbia
Prior to 1987, natural gas was supplied to end use customers in British Columbia by monopoly service providers only on a bundled basis. In 1987, Inland Natural Gas Ltd., a predecessor company to Terasen Gas Inc. (“TGI”), pioneered open access in this province by applying to establish transportation service rates for its industrial and large commercial customers. Open access was made available to those customers commencing in 1987...
| Dealing With Mining Legacy - Some Canadian Approaches
Lawson Lundell LLP, October 2007, British Columbia
DEALING WITH MINING LEGACY – SOME CANADIAN APPROACHES(1)1. INTRODUCTIONIn this paper we discuss approaches that have been used in Canada to identify and foster private sector, public and aboriginal participation in dealing with mining environmental liabilities and orphan sites(2)...
| Pension Dispute Arbitration Prevails Over Class Proceedings
Lawson Lundell LLP, July 2007, British Columbia
On May 7th, 2007, the British Columbia Court of Appeal overturned the certification of a major pension class proceeding in Ruddell v. BC Rail Ltd., 2007 BCCA 269. In doing so, the court ruled that BC Rail had properly invoked its right to have the dispute determined by arbitration. The court found that, in the circumstances of this case, arbitration took precedence over the class proceeding, which had to be stayed...
| Aboriginal Caselaw Summary: Ahousaht First Nation v. Canada (Fisheries and Oceans)
Lawson Lundell LLP, July 2007, British Columbia
The Federal Court of Canada recently released its decision in Ahousaht First Nation v. Canada (Fisheries and Oceans)(1). The case considered an application by 14 First Nations represented by the Nuu-chah-nulth Tribal Council (“NTC”) for judicial review of a decision of the Minister of Fisheries and Oceans regarding the implementation of a commercial groundfish pilot plan on the British Columbia coast (the “Pilot Plan”)...
| Pension Plans Under Attack: Protecting Your Fund From Class Action Litigation
Lawson Lundell LLP, May 2007, British Columbia
TABLE OF CONTENTSI. INTRODUCTIONII. WHAT ARE THE FACTORS DRIVING A RISING NUMBER OF CLASS ACTIONS IN THE PENSION CONTEXTIII KEY ELEMENTS OF THE CLASS PROCEEDING AND WHAT MAKES IT A SUITABLE VEHICLE FOR PENSION ACTIONSA. How Class Actions WorkB. Expansion of Class Actions in Canada1. Availability of Class Actions2. Advantage of Class Actions3. Class Proceeding Not the Only Way to Pursue Pension Related ClaimsIV. KEY ELEMENTS OF A CLASS PROCEEDING1. Filing2. Certification3...
| Energy Law Newsletter - Spring 2007
Lawson Lundell LLP, May 2007, British Columbia
The energy sector continues to be extraordinarily active in Western and Northern Canada, with a groundswell of government interest in GHG emission issues coming to the fore. Read about recent GHG developments at the federal and Alberta level in our feature article on the topic in this edition of Lawson Lundell LLP’s Energy Law Newsletter. Lawyers who authored the stories in this newsletter are Krista Hughes (in Calgary, at 403.781.9468); Mariana Storoni (in Vancouver, at 604...
| Mandatory Retirement in BC
Lawson Lundell LLP, May 2007, British Columbia
On April 25, 2007 the BC Government introduced Bill 31: the Human Rights Code (Mandatory Retirement Elimination) Amendment Act, 2007. Once the amendments are in force, the changes to the legislation are to be effective January 1, 2008.Currently, the BC Human Rights Code defines “age” as being an age of 19 years or more and less than 65 years. Following the amendment, “age” will be defined as being an age of 19 years or more...
| BC's New "Green" Energy Plan
Lawson Lundell LLP, March 2007, British Columbia
On February 27 British Columbia issued “The BC Energy Plan: A Vision for Clean Energy Leadership” (Energy Plan 2007). The document is an extensive statement of provincial energy policy, and a roadmap for future government action in BC’s energy sector...
| Denial of Disability Benefits
Lawson Lundell LLP, February 2007, British Columbia
This paper was prepared for the Pacific Business & Law Institute's 12th Annual Conference on The Essential Tasks of Pension and Benefit Plan Trustees, held in Vancouver, British Columbia on February 20, 2007 Most lawyers are familiar with claims for coverage under disability insurance...
| BC Privacy Commissioner Issues Two Decisions that Address "Employee Personal Information"
Lawson Lundell LLP, February 2007, British Columbia
The BC Privacy Commissioner recently issued two decisions which address “employee personal information”, as well as some other issues of interest under the BC Personal Information Protection Act (“PIPA”)...
| Report Issued on Part III of the Canada Labour Code
Lawson Lundell LLP, February 2007, British Columbia
Part III of the Canada Labour Code sets out the employment standards minimums for federally regulated employers. It was enacted in 1965 and had not been systematically reviewed since then. In December 2004, the federal government appointed Professor Harry Arthurs, a former Dean of Osgoode Hall Law School, to conduct a comprehensive review of Part III. Professor Arthurs issued his final report (324 pgs) on October 30, 2006...
| A Regulatory Roadmap: Successfully Navigating Oil and Gas Licensing Regimes in the North
Lawson Lundell LLP, January 2007, British Columbia
This paper was presented at The Canadian Institute’s 2nd Annual Oil & Gas Law Summit Overcoming the Regulatory Challenges and Uncertainties to Keep Your Project on Track on January 22 – 23, 2007 in Calgary, Alberta. Oil and gas exploration in Canada’s North has a long history that dates back to the oil well drilled in Norman Wells in 1920. The North is recognized as holding a significant portion of Canada’s potential for undeveloped oil and gas...
| Ontario Abolishes Mandatory Retirement and BC and Saskatchewan Appear to Follow Soon
Lawson Lundell LLP, December 2006, British Columbia
Effective December 12, 2006, mandatory retirement will no longer be generally permissible in Ontario, (as a result of amendments to the Ontario Human Rights Code). Employers will, however, still be allowed to enforce mandatory retirement polices if they can show that being younger than 65 (or another designated age) is a bona fide occupational requirement...
| Update on Alberta Pre-employment Drug Testing Case
Lawson Lundell LLP, December 2006, British Columbia
The “Chiasson”(4) appeal is making headlines as it has the potential to force corporations to review and perhaps re-write their drug-testing policies and procedures.Chiasson dealt with pre-employment drug testing. The Complainant had applied for and was offered a job as a receiving inspector at an oil sands project in Fort McMurray, Alberta. The offer of employment was subject to the results of a pre-employment medical and drug screening test...
| Federal Government Makes it Easier to Recruit Some Temporary Foreign Workers
Lawson Lundell LLP, December 2006, British Columbia
Human Resources and Skills Development/Service Canada (“HRSDC”) recently implemented Regional Occupations Lists (the “Lists”). The Lists are meant to “assist employers who are experiencing difficulty filling job vacancies due to labour market shortages...
| Employer Liable for Not Assisting Employee to Enrol in Benefits Program
Lawson Lundell LLP, December 2006, British Columbia
Cory Grams died while at work at a Maple Leaf Metal Industries Ltd. (“Maple Leaf”) plant in Edmonton, Alberta. His parents, as beneficiaries and administrators of his estate, claimed damages against Maple Leaf for $92,000 for negligence in failing to provide insurance coverage under an employment contract. A claim against the insurer, Zurich, was settled prior to trial. Mr...
| Aboriginal and Forestry Law Update - December 2006
Lawson Lundell LLP, December 2006, British Columbia
The Sappier Decision: Supreme Court of Canada Recognizes Aboriginal Right to Timber for Domestic Purposes and Clarifies Requirements for Establishing an Aboriginal RightOn December 7, 2006, the Supreme Court of Canada handed down its decision in the cases of Gray v. R and R. v. Sappier and Polchies...
| Punitive Damages Award Decreased from $500,000 to $100,000 in Ontario Wrongful Dismissal Case
Lawson Lundell LLP, December 2006, British Columbia
In our Spring 2005 newsletter we reported on the Keays v. Honda Canada Inc.(1) decision in which the Ontario Superior Court of Justice awarded a dismissed employee $500,000 in punitive damages in addition to 24 months salary in lieu of notice (15 months’ reasonable notice plus nine months’ additional “Wallace” damages for “bad faith” dismissal)...
| Energy Law Newsletter - Fall 2006
Lawson Lundell LLP, November 2006, British Columbia
In this edition of Lawson Lundell LLP's energy law newsletter we summarize the recent Federal Court of Appeal decision regarding a rate dispute between Flint Hills Resources and Enbridge; review AEUB decisions regarding conduct of Alberta's Market Surveillance Administrator and the public utility status of the Ventures Pipeline; update readers on the negotiated settlement of significant applications to the BCUC brought
| Innuendo in the Law of Defamation
Lawson Lundell LLP, October 2006, British Columbia
The cause of an action in defamation exists to provide some recourse and remedy to victims of falsehoods which can and do cause injury to reputation. In a classic formulation, recently adopted and approved by Geopel J...
| Alberta Energy and Utilities Board to Decide Who Owns Coalbed Methane in Alberta
Lawson Lundell LLP, October 2006, British Columbia
The issue of coalbed methane (CBM) ownership, frequently disputed between coal rights holders and holders of mines and minerals rights other than coal, has been the subject of numerous recent applications to the Alberta Energy and Utilities Board (AEUB). The AEUB recently announced that it will hold a hearing relating to legal entitlement of CBM on split-title freehold mineral lands in Alberta...
| Easements in Lieu of Subdivision
Lawson Lundell LLP, September 2006, British Columbia
For many years, parties have created various legal tools to grant others the right to use a portion of their lands. Prior to the imposition of statutory controls on the subdivision and leasing of land, this could simply be accomplished by the property owner granting exclusive possession over a portion of their land to a tenant by way of a lease and everyone was happy. Everyone that is but the local and provincial governments...
| National Instrument 43-101: Amendments to Canadian Rules Concerning Mineral Project Disclosure and Technical Reports
Lawson Lundell LLP, August 2006, British Columbia
This paper was first published by the Rocky Mountain Mineral Law Foundation, Volume XXIII, Number 2, 2006. Chris Baldwin, Canada mining reporter for the Mineral Law Newsletter, is a partner and Megan Kaneen is an articled student with Lawson Lundell LLP In Vancouver, British Columbia; Behn Conroy and Laurel Petryk are associates with Lang Michener in Toronto, Ontario, and Vancouver, British Columbia, respectively...
| The Crown's Duty to Consult and Accommodate
Lawson Lundell LLP, July 2006, British Columbia
On November 18, 2004, the Supreme Court of Canada released its decisions in Haida Nation v. British Columbia (Minister of Forests) and Weyerhaeuser, 2004 S.C.C. 73 (“Haida”) and Taku River Tlingit First Nation v. British Columbia (Project Assessment Director), 2004 S.C.C. 74 (“Taku”)...
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