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"Additional Rent" and a Tenant's "Proportionate Share"
Lawson Lundell LLP, September 2014

Most commercial leases contain terms that require tenants to pay additional rent. Additional rent is usually a share of the costs and charges incurred to operate the property. These costs can include municipal taxes, insurance premiums, repair and maintenance costs and common area utility charges. In any given year, these charges change and fluctuate.  Landlords often provide an annual estimate which tenants pay subject to a year-end reconciliation...

A Framework Emerges - Recent Developments in the Law of Intentional Economic Torts
Lawson Lundell LLP, May 2013

Economic torts provide relief in relation to intentional interference with economic interests. This collection of torts can be divided into two categories: deceptive market practices and improper market practices. This paper concerns itself exclusively with the latter, examining the torts of inducing breach of contract, unlawful interference with economic interests and civil conspiracy...

A Regulatory Roadmap: Successfully Navigating Oil and Gas Licensing Regimes in the North
Lawson Lundell LLP, January 2007

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...

Aboriginal and Forestry Law Update - December 2006
Lawson Lundell LLP, December 2006

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...

Aboriginal Caselaw Summary: Ahousaht First Nation v. Canada (Fisheries and Oceans)
Lawson Lundell LLP, July 2007

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”)...

Aboriginal Title Declaration Dismissed, for Now: Tsilhqot'in Nation v. British Columbia
Lawson Lundell LLP, November 2007

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...

Additional Measures for Entrepreneurs and Businesses Disproportionately Affected by COVID-19
Lawson Lundell LLP, June 2020

Since the start of the spread of COVID-19 in Canada, the federal and provincial governments have announced various programs and subsidies to help Canadian businesses survive in light of the challenges posed by necessary social distancing measures, as discussed in our previous blog post here...

Addressing Racism in the Workplace
Lawson Lundell LLP, June 2020

It is astonishing that in the same week that we’ve read about astronauts going into space in a reusable rocket, we have also experienced the horrors of humanity reading about the killings of George Floyd, Ahmaud Arbery and Breonna Taylor...

Addressing the Privacy Challenges with Workplace COVID-19 Screening
Lawson Lundell LLP, July 2020

As we have outlined in Part 1 and Part 2 of our blog series, ‘Returning the Workplace to Safe Operation’, employers have a duty to reduce the risk of COVID-19 in the workplace as much as reasonably practical. Consequently, employers may determine it is appropriate to conduct certain active screening, such as questionnaires, temperature screening, and testing...

Alberta Court of Appeal Encourages Use of Summary Judgment Rules
Lawson Lundell LLP, January 2021

  This post discusses the Alberta Court of Appeal's recent decision in Hannam v. Medicine Hat School District No. 76,[1] which stands as an emphatic reminder that the Supreme Court of Canada has directed courts to grant summary judgment when a fair and just determination can be made without a trial...

Alberta Court of Appeal Leaves Question of ERCB’s Jurisdiction to Assess Crown Consultation to Another Day
Lawson Lundell LLP, October 2012

The Alberta Court of Appeal has denied the Cold Lake First Nations’ (CLFN) application to appeal a decision by Alberta’s Energy Resources Conservation Board (ERCB) that it did not have the jurisdiction to determine the adequacy of Crown  consultation in respect of a bitumen recovery project within the CLFN’s  treaty territory...

Alberta Court of Appeal to Review AEUB Powers to Include or Remove Property of a Utility in Rate Base
Lawson Lundell LLP, November 2007

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...

Alberta Energy and Utilities Board to Decide Who Owns Coalbed Methane in Alberta
Lawson Lundell LLP, October 2006

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...

Alberta Pauses Residential Evictions for Non-Payment and Prohibits Rent Increases and Late Payment Penalties During COVID-19 Pandemic
Lawson Lundell LLP, April 2020

 On March 27, 2020, the Government of Alberta announced new measures to address residential tenancy issues arising during and as a result of the COVID-19 pandemic. Max Carroll and Jeffrey Hernaez of our Vancouver office wrote yesterday about similar measures put in place in British Columbia...

Alberta to Repeal Exemption for Critical Transmission Infrastructure
Lawson Lundell LLP, October 2012

Since 2009, the Alberta government has  reserved for itself the right to exempt electricity transmission  projects from review by the Alberta Utilities Commission.   Exempted projects have been referred to as Bill 50 Projects, Bill 50 being the name of the law when it was first proposed...

Amendments to the Business Corporations Act Permit Virtual Meetings in British Columbia
Lawson Lundell LLP, June 2021

Virtual shareholder meetings have become ubiquitous for both public and private companies since the onset of the COVID-19 pandemic. Canadian securities regulators, stock exchanges and federal and provincial governments quickly responded to accommodate electronic meetings where it was otherwise not permitted. In British Columbia, Ministerial Order No...

B.C. Government Announces Paid Leave for Employees to Get Vaccinated
Lawson Lundell LLP, April 2021

As British Columbia battles the third wave of COVID-19, the government has introduced legislation[1] which, if passed, will provide employees with paid leave to get the COVID-19 vaccine. On April 1, 2021, the British Columbia government introduced an unpaid job-protected leave of absence for employees to get the COVID-19 vaccine, or to assist a dependent in getting vaccinated against COVID-19...

B.C. Government Mandates Employer-Paid COVID-19 Leave, With More Paid Leave to Come
Lawson Lundell LLP, May 2021

The Government of B.C. has tabled legislation which, for now, entitles employees to three paid sick days for leave related to COVID-19. Employers will be required to pay employees their full wages (based on an average of the prior 30 days). The proposed law (Bill 13) also allows for a permanent paid sick leave to be prescribed in the future. The B.C...

B.C. Mining Project Denied
Lawson Lundell LLP, October 2012

B.C. Environment Minister Terry Lake and Energy, Mines and Natural Gas Minister Rich Coleman refused to issue an Environmental Assessment Certificate (“EAC”) to Pacific Booker Minerals Inc. for its proposed Morrison Copper/Gold Mine project near Smithers, at the headwaters of the Skeena River...

B.C. Oil and Gas Activities Act in Force
Lawson Lundell LLP, October 2010

On October 4, 2010, the British Columbia Oil and Gas Activities Act(1)  (“OGAA”) came into force.  The OGAA represents a significant change to the legal regime for oil and gas activities in British Columbia, and will have immediate consequences for conventional oil and gas producers, shale gas producers, and other operators of oil and gas facilities in the province...

B.C.’s New Family Law Act and Division of Pension Rules Now in Force
Lawson Lundell LLP, March 2013

The new Family Law Act (“FLA”) came into force today, March 18, 2013. It replaces and repeals the Family Relations Act (“FRA”). The FLA carries forward the basic structure established under the FRA, with some fine tuning to deal with issues not adequately addressed under the FRA. This bulletin highlights the major changes to pension division under the new FLA...

B.C.'s Economic Recovery Plan: New Employer Tax Credit
Lawson Lundell LLP, October 2020

On September 17, 2020, the British Columbia government released its economic recovery plan for the province, Stronger BC for Everyone: BC’s Economic Recovery Plan. The plan details various new support measures for B.C. businesses, including a new refundable tax credit for employers. The B.C...

Bankruptcy and Insolvency – New Reporting Requirements for Lands Used for Specified Industrial or Commercial Activities
Lawson Lundell LLP, January 2021

On February 1, 2021, amendments to B.C.’s Environmental Management Act will come into effect that will introduce new reporting requirements in relation to lands that have been used for specified commercial or industrial uses (the Stage 13 Amendments)...

Bare Trusts and Multifamily Rental Housing
Lawson Lundell LLP, February 2013

Bare trusts are increasingly being used when investors acquire investment properties as they provide a number of significant advantages. Anyone considering purchasing an apartment building should fully examine the potential use of a bare trust arrangement. What is a bare trust? A bare trust is a legal structure that facilitates the division of the beneficial and legal ownership...

BC Ferries Wins Property Assessment Appeal Board Decision
Lawson Lundell LLP, November 2012

On Monday October 29, 2012 the B.C. Property Assessment Appeal Board released an important decision reducing the assessed value for property tax of the upland land and improvements at the Horseshoe Bay Ferry Terminal to a nominal value...

 

 

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