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Proposed Amendments to the Employment Standards Act
On April 29, 2019, the BC Government introduced Bill 8 – Employment Standards Amendment Act, 2019 (“Bill 8”), containing proposed changes to the Employment Standards Act (“ESA”). The Bill provides targeted adjustments rather than sweeping reform, all of which are designed to increase employee rights and protections. If passed, Bill 8 will: – increase protections…
Read MoreThree MT+Co. Lawyers Recognized as Leading Canadian Energy Lawyers by Lexpert®
We are proud to announce that MT+Co. lawyers Merle Alexander, Rob Miller and Jim Titerle have been selected in the upcoming 2019 Lexpert/Report on Business Special Edition – Energy, profiling Lexpert-ranked lawyers in practice areas that include energy mandates. Also included are journalist-written feature articles on the latest developments in the energy industry, including oil…
Read MoreNew-School Franchising
Introducing Braden Lauer Braden Lauer recently joined MT+Co., bringing with him his experience and passion in the world of franchising, licensing and distribution. MT+Co. now services franchisor and franchisee side domestic and international clients, offers franchise disclosure compliance products for all Canadian provinces, and gives licensing and product distribution advice. Introducing the “New-School Franchising” Column…
Read MoreAttorney General SLAPPs Public Interest Bill on the Table
PPPA + SLAPP The Honourable David Eby, Attorney General, has introduced legislation aimed at enhancing freedom of expression and public participation, entitled the Protection of Public Participation Act (“PPPA”) into the Legislative Assembly of British Columbia. In his introduction of the PPPA (Bill-2) to the BC Legislature, Eby noted that the “…purpose of this act…
Read MoreEnvironment: 1; Secured Creditors: 0 in Landmark SCC Decision
The Supreme Court of Canada (“SCC“) in Orphan Well Association v. Grant Thornton Ltd., 2019 SCC 5 (“Orphan“) ruled that trustees in bankruptcy and insolvency cannot walk away from the environmental liabilities of a bankrupt estate. Chief Justice Wagnar, for the majority, decided that: earmarking the assets of a bankrupt estate for outstanding provincial environmental…
Read MoreDiscovering Fiduciary Duties and Professional Obligations Anew? Canada Issues Directive on Civil Litigation Involving Indigenous Peoples
The battle over the interpretation and implementation of section 35 rights guaranteed by the Constitution Act, 1982 (“Constitution”) has played out primarily in Canadian courts, with Indigenous communities and individuals expending tremendous amounts time and resources trying to prove inherent rights. In issuing the Directive on Civil Litigation Involving Indigenous Peoples (“Directive”) on January 11,…
Read MoreAnother One Bites the Dust – The Plentiful Pitfalls of Non-Competition Clauses
A recent decision of the BC Supreme Court is a good reminder of the importance of extremely careful drafting of non-competition clauses. In Campbell & Fairweather Psychology Group, 2018 BCSC 1916 (“Campbell”), Justice Baird dismissed an application for an interlocutory injunction based a non-competition clause. The plaintiffs owned a psychology clinic in Nanaimo, BC and…
Read MoreHave Your Say on Canada’s Munchies and More: Federal Government Seeks Input on Proposed Rules for Cannabis Edibles, Extracts, and Topicals
The federal government has taken steps towards a second wave of cannabis legalization by announcing a set of proposed rules governing the production and sale of cannabis edibles, extracts, and topical body products, and initiating a 60 day public consultation process, including in particular with respect to Indigenous peoples. The first wave of legalization came…
Read MoreA Cannabis Workplace Legal Development to Note
As the Province of British Columbia continues to churn through the hundreds of retail cannabis license applications, there are a host of new requirements coming into force that govern BC employers operating in the retail cannabis space. The Worker Qualification Regulation (the “Regulation”) was enacted pursuant to the Cannabis Control and Licensing Act (the “Act”)…
Read MoreB.C. Introduces New Environmental Assessment Legislation
The British Columbia government has introduced legislation to modernize the environmental assessment (“EA”) of major resource projects. If passed, it would be the first legislation in B.C. to directly support the implementation of the United Nations Declaration on the Rights of Indigenous People (“UNDRIP”) and to recognize the inherent jurisdiction of Indigenous nations. How Did This…
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