Remembering Vimy Ridge
[04.09.08] At the height of the First World War, on Easter Monday, April 9, 1917, in early morning sleet, 49 Battalions of the 100,000 – man Canadian Corps rose along a nine mile line of trenches in Northern France and began to advance against fortified German forces. All four Canadian Divisions moved forward through No Mans Land at a walking pace protected by a well rehearsed creeping barrage of artillery fire. By nightfall, the Germans had suffered a major set back. Four days later, Vimy Ridge, which other Allied Troops had assaulted previously and failed to capture, was firmly in Canadian hands. It was the first time Canadians had fought as a distinct national army, and in many ways it was the coming of age for the young nation of Canada.

The Order of Battle that day included the 72nd (Seaforth Highlanders, Vancouver) Battalion as part of the Twelfth Brigade of the Fourth Canadian Infantry Division. This Battalion of “Vancouver’s finest” was led by two young lawyers, Lt. Col. John Arthur Clark, and his Second-in-Command, A. D. Wilson. Both Arthur Clark and Alexander Wilson were decorated heroes. Arthur Clark was eventually promoted to the rank of Brigadier General and Alexander Wilson to the rank of Brigadier.

Both men survived the war and returned to their respective practices of law in Vancouver and went on to become founding partners in the merged firm of Clark, Wilson, White, Clark & Maguire in 1952.

General Clark, K.C. (as he was known throughout his legal career) went on to further serve his country between the wars as a Member of Parliament representing the Vancouver Burrard constituency for three terms, during which he maintained his busy law practice.

Brigadier Wilson passed away in 1965 and General Clark in 1976.

On the 91st Anniversary of that famous battle, we honour and pay great respect to the role played by the founders of this Firm.

Niamh Pollak published in Internet and E-Commerce Law in Canada
[08.30.07] Niamh Pollak's article 'The Authentication and Admissibility of Electronic Evidence in the US and Canada' was published in the July/August 2007 issue of Internet and E-Commerce Law in Canada. Her article discusses the US decision in Lorraine v. Markel American Insurance Company, as well as the rules governing electronic evidence in Canadian legal proceedings.

Clark Wilson LLP's Construction Law Group has released additional topics for their popular construction seminar series. The following sessions are planned through June 2006:

• April 7 - Construction Dispute Resolution


• May 12 - Sustainable Construction and Real Estate Development


• June 2 - CCDC 2 (full day session).

Details for the April 7 session are available on our website, and registrations are being accepted now. To receive details for the May and June sessions when they become available, make sure you are on our seminar mailing list by emailing events@cwilson.com, or call 604.891.7706.



Canada Won't Implement Sarbanes-Oxley Internal Control Audit Requirement
[03.13.06] The March issue of Clark Wilson LLP's Securities Law Bulletin discusses a March 10, 2006 Notice from the Canadian Securities Administrators, concerning Multilateral Instrument 52-111 Reporting on Internal Control over Financial Reporting. Under this Notice, Canadian issuers will not be required to have independent auditors provide an opinion on the effectiveness of their internal controls. For more information, please see the full article.

To be added to our complimentary Securities Law Bulletin mailing list, email webmaster@cwilson.com, or call 604-891-7706.



Welcome New Partners Hodes, Singer and Minsky
[02.01.06] Clark Wilson LLP welcomes Jonathan Hodes, Aaron Singer and Ethan Minsky as new partners with the firm. Jonathan's area of practice is with the firm's Insurance Law group, while Aaron is with our Business Law department and Ethan with the firm's Corporate Finance / Securities group.

Jonathan Hodes was called to the bar in BC, Alberta and Colorado in 1996. His practice practice at Clark Wilson LLP is predominantly in insurance and commercial litigation, including first and third party liability claims, coverage disputes and construction deficiency actions, as well as breach of contract and other commercial and environmental matters.

Aaron Singer's practice covers many areas of business law, including business acquisitions and sales, commercial real estate transactions and corporate reorganizations. He received his LL.B. from UBC, was called to the British Columbia Bar in 1998, and joined Clark Wilson LLP in 1999.

Since joining Clark Wilson LLP in 2000, Ethan Minsky's practice has focused on the US corporate finance and transactional needs of the firm's clients. He obtained his Bachelor of Arts degree from Antioch College in Yellow Springs , Ohio in 1978 and his Juris Doctor from Antioch School of Law in Washington, DC in 1981.

Congratulations to Jon, Aaron & Ethan!



Shauna Towriss Awarded First Annual Lloyd Houlden Research Fellowship
[01.31.06] Congratulations to articling student Shauna Towriss (currently clerking at the BC Court of Appeal) who was awarded the First Annual Lloyd Houlden Research Fellowship at the Review of Insolvency Conference held on January 27, 2006. Shauna received the Fellowship, which was open to any member of the insolvency community (from trustees and lawyers to professors and students), to support research she is undertaking into the topic of shareholder equity and the position of shareholders in a restructuring under the Companies' Creditors Arrangement Act. Madam Chief Justice Beverley McLachlin of the Supreme Court of Canada presented Shauna with the award. While at the conference, Shauna also presented a paper she wrote last year entitled 'Through the Lens of Insolvency: Shareholder Equity in CCAA Restructurings' as part of a panel which included lofty company - a judge from Ontario and three partners from major Canadian law firms.

This is not the first time Shauna has received an award for her research in this area. Last year, she received first prize in the Insolvency Institute of Canada's Law Student Writing Award Program. Her paper, under it's original title 'Canadian Bankruptcy & Insolvency: Shareholder Equity in CCAA Restructurings' is available at:
http://www.insolvency.ca/html/en/writingAwards.html



Tunnicliffe Receives Life Bencher Designation
[01.01.06] Ross Tunnicliffe, a partner with our Tax & Estate Planning Practice Group, became a Life Bencher of the Law Society of British Columbia on January 1, 2006. This designation is reserved for those who have been elected and served as Benchers for four terms. With this designation, Ross has joined a select group that includes many highly regarded members of our profession. Congratulations and thank you, Ross!



Clark Wilson LLP Welcomes Vikram Dhir
[12.01.05] The firm is pleased to welcome Vikram Dhir to Clark Wilson LLP as a member of the Corporate Finance / Securities Law Group.



Bill Macdonald Welcomed to Partnership
[11.01.05] Clark Wilson LLP is pleased to welcome Bill Macdonald into the firm's Partnership. Bill is a member of the firm's Corporate Finance / Securities, US Law and Corporate Commercial practice groups. Bill obtained a Bachelor of Arts degree from SFU in 1993 and his Bachelor of Laws degree from the University of Western Ontario in 1997. He was called to the British Columbia Bar in February 1999, and was admitted to practice in New York in March 2002. Bill also completed the Canadian Securities Course in 1997.



Clark Wilson LLP Welcomes Clark and Dlin
[10.17.05] The firm is pleased to welcome Brent Clark and Adam Dlin. Brent will be working with the firm's Commercial Lending group, while Adam will be joining the firm's Commercial Real Estate practice.



Shields, Richardson & Wachowski join Corporate Finance/Securities Group
[09.28.05] Gerry Shields, Kari Richardson and Tom Wachowski have joined Clark Wilson LLP's Corporate Finance/ Securities Group.

Gerry Shields has 25 years of experience as a lawyer and business consultant in Calgary and Vancouver. He has worked extensively with public and private companies in the areas of securtities, mergers & acquisitions and corporate/commercial law. Admitted to practice law in both BC (1987) and Alberta (1981), Gerry's experience in merchant banking with early stage companies provides him with a practial perspective on the needs and unique dynamics of public companies. Gerry's clients include TSX and TSX-V listd companies as well as owner-managed businesses. His skills and experience will be a valuable addition to Clark Wilson LLP's expanding securities practice.

Kari Richardson earned her Bachelor of Laws degree from UBC in 1996 and subsequently worked as a Foreign Service Officer with the Department of Foreign Affairs and International Trade. She was a member of the Bar of New Brunswick from 1997 to 2004. In 2005, she became a member of the Bar of British Columbia. Thomas Wachowski obtained his Bachelor of Laws degree from UBC in 1999. He was called to the British Columbia Bar in May 2000 and practiced law for over five years at the Vancouver office of a national law firm before joining Clark Wilson LLP.



Congratulations, David Fenrich!
[09.28.05] Clark Wilson LLP congratulates David Fenrich on his call to the Bar of British Columbia, and welcomes him as an associate in the firm's Commercial Real Estate group.



Clark Wilson LLP Launches RSS Feeds
[08.10.05] Clark Wilson LLP is now offering topical RSS Feeds for our firm's publications. By using RSS (or Really Simple Syndication) feeds, those with interests in specific legal subject matters will receive immediate notification as soon as alerts and articles that match their interests are posted on our website.

Clark Wilson LLP is one of the first law firms in Canada to offer publication headlines via RSS. Our feeds cover 14 different categories of legal topics, including technology and intellectual property, real estate, securities, energy, labour & employment, higher learning, and general business issues.

Clark Wilson LLP feeds are located at:
http://www.cwilson.com/feeds/



Clark Wilson LLP again named among top PIPE law firms
[08.02.05] In statistics published August 1, 2005 by PrivateRaise, LLC for the first half of 2005, Clark Wilson LLP's Corporate Finance / Securities Law practice group was again named as one of the top 25 PIPE issuer law firms, ranked by number of transactions handled. Clark Wilson LLP, which was first recognized on this list in 2004, is the only issuer law firm on the list whose principal office is outside the United States. Clark Wilson LLP's clients include companies listed on OTCBB, NASDAQ and AMEX, and are based in the United States, Canada, Europe, Asia and elsewhere.

PrivateRaise, LLC bills itself as “the leading, award-winning source for comprehensive market intelligence and analysis pertaining to private placements of equity and equity-linked securities executed by public companies .” PIPES are short for “private investment in public equity” transactions, where United States reporting issuers raise private placement funds and on most occasions, register the securities issued with the SEC after closing.

Bernard Pinsky, chair of Clark Wilson’s Corporate Finance/Securities Law Group commented, 'We are pleased to be listed among the leading PIPE law firms for issuers that trade on U.S. exchanges. The ability to access U.S. capital markets for financing is very important for our clients in moving their businesses forward. We have gained a lot of experience and a number of excellent contacts for our clients to access the capital that is available for small and medium sized U.S. reporting issuers.'

Business Wire’s full story on PIPE market activity for the first 6 months of 2005 can be found at:

http://home.businesswire.com/portal/site/google/ index.jsp?ndmViewId=news_view&newsId= 20050801005345&newsLang=en.



P3s in British Columbia make international news
[07.06.05] Brock Johnston wrote an article entitled Public Private Partnerships in British Columbia with Mike Marasco, VP of Partnership Development at Partnerships British Columbia that appears in the June issue of Infranews. Brock and Mike discuss the growing success of the PPP model in British Columbia, some lessons learned from closed and ongoing projects and what is expected in the coming months.



Court of Appeal Success Quashes Claim, Clarifies Law of 'Tort Immunity'
[06.08.05] Neo Tuytel and Jon Hodes of Clark Wilson LLP's Insurance Practice Group were successful in the British Columbia Court of Appeal, using insurance covenants in a lease to quash a subrogated claim arising out of a half million dollar fire loss. When a warehouse in Surrey was seriously damaged by fire, the insurance company paid out the landlord, and then sued one of the tenants for allegedly causing the fire. Neo and Jon defended the tenant, and its insurance company. Citing the landlord's covenant to insure the building, and the tenant's covenant to pay its proportionate share of the premiums, they said that those provisions 'immunized' the tenant against the landlord's claims, and therefore waived the building insurer's subrogated claim. The Court of Appeal agreed, dismissed the case, and, in the process, summarized the previous case law and substantially clarified the legal doctrines of 'tort immunity' and implied waiver of subrogation. The decision, North Newton Warehouses Ltd. v. Alliance Woodcraft Manufacturing Inc., should therefore be of assistance to landlords, tenants and insurers, in avoiding costly litigation on this issue, along with the related costs, in the future.



Clark Wilson LLP Welcomes Tasha Coulter
[06.03.05] Clark Wilson LLP congratulates Tasha Coulter on her call to the Bar of British Columbia, and welcomes her as an associate in the firm's Technology & Intellectual Property group.



Successful Appeal Restores Democratic Rights to Strata Property Owners
[05.01.05] Pat Williams and Allyson Baker of Clark Wilson LLP's Strata Property Practice Group conducted a successful appeal before three judges of the British Columbia Court of Appeal on April 27th and 28th. It was the first time that the appellate court had wrestled with how far the authority and powers of a Court appointed Administrator could go. Allyson and Pat persuaded the Court that those powers could not be so far reaching that the democratic right of owners of strata lots to cast their votes for Strata Property Act resolutions could be taken away or ignored. At the chambers level, the Supreme Court judge had done way with the individual owners' rights. Clark Wilson LLP was then retained to conduct, with the existing counsel, the appeal that would hopefully set matters straight. Written reasons will be forthcoming in the next few weeks.



Clark Wilson LLP Represents Health Authorities in Landmark Deals
[04.27.05] On April 7, 2005, TELUS and the Government of British Columbia announced the signature of two telecommunications agreements, a Master Competitive Services Agreement and a Connecting Communities Agreement.

Under the terms of the Master Competitive Services Agreement, TELUS will provide improved telecommunications capacity and services to the Government of B.C. and the broader public sector in B.C., including a single robust network to support the growth of e-services. The agreement consolidates multiple existing TELUS contracts (approximately 340) into one master agreement and will provide preferred pricing to the Government of B.C. and the broader public sector. The broader public sector entities that have signed the Master Competitive Services Agreement are Provincial Health Services Authority, Fraser Health Authority, Interior Health Authority, Northern Health Authority, Vancouver Coastal Health Authority, Vancouver Island Health Authority, BC Hydro, British Columbia Lottery Corporation, Insurance Corporation of BC, and Workers' Compensation Board of BC, and the agreement contemplates that additional public sector entities may become a party to the agreement in the future. The Government of B.C. and the broader public sector are projected to spend more than $105 million for telecommunications services with TELUS covered by the agreement over the next four years.

Under the terms of the Connecting Communities Agreement, TELUS will assist the Province to bring affordable and reliable high-speed Internet access to unconnected communities in B.C. by investing more than $110 million in infrastructure upgrades in B.C. Small, local community or provincial Internet Service Providers will have the opportunity to make the last-mile connection to local homes and businesses.

Neil Melliship, Brock Smith and Andrea East of Clark Wilson LLP advised and represented all of the Province's Health Authorities through this process. Aside from the Provincial Government itself, the Health Authorities as a group represented the largest public sector stakeholder in this Agreement.



Clark Wilson LLP welcomes Anne Kober
[04.18.05] Clark Wilson LLP is pleased to welcome a new Partner, Anne Kober, who has moved her law practice to the firm. Anne brings to the practice of law an understanding of financial statements and a sensitivity to income tax matters. She also brings to our firm over 30 years of experience in the areas of real estate acquisitions, sale, development and leasing, limited partnerships, trusts, corporate and commercial transactions and estate planning.



Clark Wilson LLP welcomes Warren Brazier
[04.13.05] Clark Wilson LLP is pleased to welcome Warren Brazier as an associate and member of its Commercial Real Estate, Public-Private Partnership and Higher Learning Groups. Warren was called to the bar in California in 1996, and in British Columbia in 1998.



Lyall Knott, Q.C. Appointed UBC Foundation Chair
[03.03.05] Lyall D. Knott, Q.C., a Senior Partner in the Vancouver law firm of Clark Wilson LLP, has been appointed Chair of The University of British Columbia Foundation. Mr. Knott has served as a director of the Foundation since 2001. The Board of Directors of the Foundation include the Chancellor of the University, the Hon. Allan McEachern, Dr. Donald Rix, Jim Eccott, and Mary Margaret Young.



Clark Wilson LLP Welcomes Nicole Byres
[02.28.05] Clark Wilson LLP is pleased to welcome Nicole Byres as Associate Counsel. Nicole has a wealth of experience earned through her service to various executive boards (including currently with the University of British Columbia and BC Transmission Corp.), as in-house counsel with Teck-Cominco, and in building a broad-based private practice. Her practice at Clark Wilson LLP will focus primarily on Labour & Employment and Energy Law issues.



Michael Roman on Patents
[02.21.05] Michael Roman's article Helping your client keep patent costs under control, was published in the February 11th issue of The Lawyers Weekly. Michael's article discusses how legal counsel can help clients to identify and protect valuable intellectual property assets, while spending their resources wisely.



Clark, Wilson becomes Clark Wilson LLP
[02.01.05] On February 1, Clark, Wilson became a limited liability partnership (LLP), as permitted by recent amendments to the Partnership Act. The firm will now be known as Clark Wilson LLP, and you may notice that our logo and materials have been updated to reflect the change.

For most purposes, this is a change of name only. It will not affect our business practices or have any impact on our relationships with staff, clients or business partners.

As our new name suggests, the partnership now carries on the practice of law with a degree of limited liability. Each partner remains personally liable for his or her own actions, and the partnership continues to be liable for the negligence of its personnel. Accordingly, there is no reduction or limitation on the liability of the partnership. However, an individual partner in an LLP is not personally liable for the negligence of another partner or an employee, unless he or she knew of the negligent act or omission and did not take reasonable steps to prevent it.

The amendments to the Partnership Act bring BC more in line with other jurisdictions and our transition to an LLP will be an asset to us in continuing to recruit and retain strong legal talent.

Our Managing Partner, Bill Helgason, or any of our lawyers would be pleased to answer any questions you have about this transition, or about LLP opportunities for your business.



Hot Off the Press!
[12.10.04] Recent editions of Clark, Wilson newsletters include: Business Matters, Securities Law Bulletin, Energy Law, Taxable Learnings, Watching Brief, The Full Court Press, Legal Framework, and three issues of the Insurance Bulletin.

You can use our Newsletter Manager to add or remove yourself from any of our newsletter mailing lists.



Employer Liability for Social Events (read 'Holiday Party')
[11.08.04] With holiday party season drawing near, prudent employers are considering how to limit the risk of intoxicated employees causing harm to themselves or others. In this month's issue of Business Matters, Krista Prockiw discusses recent court decisions and provides helpful guidelines for proactive employers looking to minimize their risks.



Clark, Wilson named among top PIPE law firms for 2004
[11.01.04] In statistics published November 1, 2004 by PrivateRaise, LLC for the first nine months of 2004, Clark, Wilson's Corporate Finance / Securities Law practice group was named as one of the top 25 PIPE issuer law firms, ranked by number of transactions handled. Clark, Wilson tied for 16th place among all law firms. Clark, Wilson is the only law firm ranked in that category whose principal office is outside the United States.

PrivateRaise, LLC bills itself as “the leading, award winning source for comprehensive market intelligence and analysis pertaining to private placements of equity and equity-linked securities executed by public companies.” PIPES are short for “private investment in public equity” transactions, where United States reporting issuers raise private placement funds and on most occasions, register the securities issued with the SEC after closing.

Bernard Pinsky, chair of Clark, Wilson’s Corporate Finance/Securities Law Group commented, 'We are very proud of the position we have established in assisting U.S. publicly traded companies in negotiating and raising capital. Our clients are in a broad range of industries, and they come from Canada, the United States, and several other countries. Our focus on assisting companies to access U.S. capital markets for financing and trading has really paid dividends for our clients.'

Business Wire’s full story on PIPE market activity for the first 9 months of 2004 can be found at:

http://home.businesswire.com/portal/site/google/ index.jsp?ndmViewId=news_view&newsId= 20041101005364&newsLang=en



Newly Expanded Articling Pages
[09.10.04] We've just expanded our website's articling area! Check out new pages detailing student support, resume & interview tips, and testimonials from this year's summer and articling students.



Insurance and Risk Management for Construction Projects
[09.03.04] Coming November 3rd, Neo Tuytel and Nigel Kent will take part in this Pacific Business & Law Institute seminar, which focuses on current market trends in Construction Insurance and their implications for construction projects. For complete seminar and registration information, visit the online brochure.



SEC Issues New Form 8-K Filing Rules
[08.20.04] The August 20th special edition of the Securities Law Bulletin addresses the recent changes to new material disclosure requirements on Form 8-K.

Effective August 23, 2004, the timing and events reportable on a Current Report on Form 8-K significantly change. The SEC has expanded the number of events that are reportable on Form 8-K to include eight new items, transfered two items from disclosure on Form 10-Q to Form 8-K and expanded disclosure under two existing items. The changes also shorten the Form 8-K filing deadline for most items to four business days after the occurrence of a triggering event.



Clark, Wilson welcomes Dixon and McTavish
[07.22.04] Clark, Wilson is pleased to welcome Valerie Dixon and Cam McTavish, who have just completed their articles, as new associates. Valerie will be working in the firm's Litigation department, while Cam will be joining the Corporate Finance / Securities group.



Strata Property Group hosts 'At the Zoo - Life in a Strata'
[07.19.04] The Strata Property Group recently launched its new seminar series, At the Zoo - Life in a Strata, in New Westminster. The session's 75 enthusiastic participants gave rave reviews. This presentation, developed for strata council members and property managers, takes the form of a mock SGM and encourages questions on any strata-related topic. Future presentations are scheduled for North Vancouver (9/04), Abbotsford (11/04), and Surrey (1/05). More information...



Neo Tuytel on Polluted Properties
[07.12.04] Neo Tuytel's article, The Day After Tomorrow, TODAY, appears in the June issue of The BC Broker Magazine, a publication of the Insurance Brokers Association of British Columbia. Neo's article summarizes owner liability issues for polluted properties, and predicts increased broker involvement in environmental contamination claims.



Clark, Wilson websites win top honors
[06.21.04] Clark, Wilson was recently honored with two significant website awards, following an independent survey conducted by marketing attorney Micah Buchdahl of InternetMarketingAttorney.Com. The awards rated websites throughout the world, based on five criteria: design, content, usability, interactivity and intangibles.

Clark, Wilson's website (www.cwilson.com) received top honors in the International Law Firm category, which included hundreds of prominent firms from around the world. Says Buchdahl, 'It is rare that a site can still blow me away, but this one was one of the most enjoyable surfing experiences of the year. This 65-attorney Vancouver firm has taken the Internet to all new levels.'

The firm's commercial re