Clark Wilson LLP Higher Learning Group
Representative Transactions:


Clark Wilson LLP has extensive experience advising universities, colleges and institutes and their foundations regarding a broad range of legal issues. These include:

  • advising on the acquisition of a 31.7 ha. site for a major new campus for a university college

  • advising on the procurement process and documentation for a major new athletic centre for a college

  • advising on and incorporating not for profit corporations to represent groups of colleges and institutes in their dealings with governments, industry and other stakeholders

  • establishment of Vancouver Island Technology Park Trust, and University of Victoria Properties Investments Inc.

  • advising on the utilization of tax efficient structures for commercial enterprises undertaken by not-for-profit institutions, including three universities

  • advising on public private partnership arrangements involving universities, colleges and institutes

  • litigation support on a broad range of issues, and in particular, in respect of construction matters

  • industry liason and technology transfer and licensing and investments in start-up ventures using technology developed by the institution

  • long term land leases

  • development of communities on campus lands, including community plans and approvals

  • advising on all aspects of the development of a private university, from site acquisition and financing to enabling legislation

  • advising regarding "agent of the Crown" exemption status relative to use and development of colleges and Foundations and other eligible properties

  • advising on compliance with the University Act and the College and Institute Act and other legislation affecting universities, colleges and institutes and their respective foundations

  • advising on issues relating to municipal zoning and development issues and property tax exemptions

  • Freedom of Information and Protection of Privacy Act

  • employment issues

  • construction contracting, bidding and tendering, architects agreements and related

  • advising on charitable donations and issues relating to the charitable status of institutions

  • development of university policy in relation to issues such as ownership of intellectual property, student discipline and conflicts of interest

  • advising on trademarks and licensing of technology and generally, the commercialization of intellectual property

  • development and implementation of e-learning and on-line programs, including copyright and licensing of knowledge elements

  • advising on the issuance by a university of $125,000,000 in senior unsecured debentures

  • advising on the structuring of a joint venture among two universities, a college and an institute in respect of the acquisition and development of an 18.6 acre campus site in Vancouver, including related due diligence

  • advising on the sale of a wholly owned subsidiary of a university

  • advising on relationship of institution of higher learning with its student association

For additional information:

If you require any further information, please do not hesitate to contact Higher Learning Practice Co-Chairs Roy Nieuwenburg at 604.643.3112 or Brock Johnston at 604.643.3116.

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