Mark Longo is moderating an Association for Corporate Growth panel on May 16, 2012 on the topic of "Angel Financing: The preferred path to exit for Canadian companies", featuring a panel consisting of Boris Wertz, Mike Volker and Basil Peters. Further details are available on the event website.

On April 30, 2012, James Speakman and Shauna Towriss of the Commercial Real Estate Group at Clark Wilson LLP completed the sale of the Crowfoot Corner and Crowfoot Village shopping centres in Calgary, AB for Sunstone Opportunity Fund (2008) Limited Partnership. The properties, which together have over 113,000 square feet of rentable area, were purchased by Narland Investments Ltd. for $63,250,000.

The LEAVE A LEGACY pullout included with the May 1, 2012 issue of the Vancouver Sun features an editorial by Richard Weiland. His article, "Teaching the value of money through philanthropy", discusses a common dilemma experienced by parents who have accumulated an estate to leave to their children. Richard suggests that while the particular plan that is settled on will depend on many factors, the key to its success as a teaching tool is involving the next generation in the philanthropic process.

Clark Wilson LLP is a proud partner of LEAVE A LEGACY.

In "Result for insurer mixed in condo cases" [Thompson's World Insurance News April 23, 2012], Nigel Kent comments on the unusual circumstances of a case involving Lombard Insurance, underwriter for the construction and "wrap-up" period on the Marina Estates development in Squamish, BC. Nigel is Co-Chair of the Insurance Group at Clark Wilson LLP.

Nicole Byres, Chair of the Labour and Employment Group, will be presenting at this year's BC Human Resources Management Association Conference on Thursday, April 26 at the Vancouver Convention Centre. As part of a panel of leading employment and human resources legal practitioners, Nicole will discuss the topic "Ounce of Prevention: Legal Strategies That Save Money" and identify several simple but critically valuable legal risk management tools and practices, as well as ways to implement them. Further information about the conference can be found here.

Pat Williams, Chair of Clark Wilson LLP's Strata Property Group, is referenced in Vancouver Magazine as one of the city's premier condo law experts. The March 1, 2012 article, Should You Sell Your Vancouver Condo Today?, brings to light the issue of strata units owned jointly by numerous individuals who must agree on what to do at the end of their units' life.

Mark Weintraub, Chair of the Estate & Trust Litigation Group and a Co-Chair of the Wealth Preservation Group, is presenting at the Nature Trust of BC's Estate Planning session on April 18, 2012 at VanDusen Botanical Garden.

Nigel Kent, Valerie Dixon, Jennifer Loeb and Raman Johal from Clark Wilson's Insurance Group will be presenting at an Insurance Institute of BC seminar. The May 2, 2012 event at BCIT Downtown Vancouver will cover the 2011-12 cases and industry developments affecting P&C insurance in BC. Full details and registration for the seminar are available here: http://documents.insuranceinstitute.ca/english/localchapters/BC/LeadingCases02May2012.pdf.

In the next 10 years, it is estimated that more than 75% of business owners in BC will retire. If you're a business owner over 50, a business succession plan is essential. On March 29, 2012 Clark Wilson's Don Sihota will be presenting a seminar on how to get the best price and negotiate the best terms when you sell your business. For full details and to register, download the seminar brochure.

Vancouver-based CounterPath Corporation has provided critical technology behind the launch of Rogers One Number service, which lets Canadians use their wireless numbers to enable single-number reachability by talk and text whether they are using their mobile devices or computers. This innovative service offering from Rogers is unprecedented and the first of its kind in Canada. CounterPath was launched in 2002 and has grown from three to over 100 employees. Virgil Hlus and Vikram Dhir of Clark Wilson are counsel to CounterPath, who also recently won TMC's 2011 Internet Telephony Product of the Year award.

Samantha Ip, Oliver Hanson, Satinder Sidhu and Anna Sekunova from our Construction Group presented at this year's Buildex Vancouver event on February 9, 2012. Their sold-out session covered topics such as the impact of the new home warranty program on the construction industry, the effective use of a builders' lien, and the benefits of a labour and material bond for different parties.

Vedder Transportation Group, a commercial trucking company with service areas across North America, won the Green Project Award at the first annual Abbotsford Environmental Leadership Awards on February 9, 2012. The company reduced its carbon footprint by equipping its truck fleet to run on liquefied natural gas. Clark Wilson is proud to act as corporate counsel to the Vedder Group in BC. Their leadership in financial and environmental sustainability initiatives could hold the key to the way the transportation industry conducts business in the future.

Themis Solutions Inc., better known as Clio, announced on January 30 that it has raised a US$6 million series B round of venture capital funding led by German-based VC firm Acton Capital Partners to extend its product offering and international reach. A client of Clark Wilson's Technology and Corporate Finance & Securities Groups, Clio is known for its cloud-based legal software that simplifies practice management for small to mid-sized law firms. Mark Longo and Craig Rollins led the Clark Wilson team on this deal.

Valerie Dixon's article, "Covenants to Insure", is quoted extensively in the January 30, 2012 issue of Thompson's World Insurance. The article, "Tort immunity can be far reaching, B.C. law firm warns", uses two cases from B.C. and Alberta to illustrates the law of tort immunity arising from covenants to insure. Valerie's article was originally published in our Insurance Group's Insurable Interest newsletter on January 23, 2012.

On Thursday, February 9, 2012, our Construction Group, consisting of Samantha Ip, Oliver Hanson, Satinder Sidhu and Anna Sekunova, will deliver an interactive seminar at the annual BUILDEX Vancouver event. The team will cover hot topics in the construction industry, including key elements of B.C.'s new home warranty program, common mistakes and misconceptions regarding the Builders Lien Act, and the function of a labour and material bond. The full Buildex agenda can be found here: www.buildexvancouver.com/a_seminars2012.htm#t22.

Nicole Byres, Chair of our Labour & Employment Group, is quoted in the December 2011 issue of BCBusiness. The article, "How Do You Know When to Hire?", gives advice to entrepreneurs looking to recruit new employees. Nicole recommends having a detailed contract in place before employees start working to avoid any issues of considerations.

Valerie Dixon and Richard Weiland of our Wealth Preservation Group will be speaking at a seminar presented by the Canadian Bar Association on January 25, 2012, titled Changing Dynamics for Executors. Valerie and Richard will be joined by Scott Dalton, CEO of ERAssure, to discuss the changing legal landscape for executors in wills and estates matters. The seminar will review leading common law and statutory liabilities for executors, and discuss some useful tools and best practices for reducing executor and personal liability. Full details and registration information are available on the seminar website.

On December 8, 2011 Jeffrey Vicq and Michael Roman of our Intellectual Property group will deliver a workshop at the BC Technology Industry Association (BCTIA) Centre 4 Growth. Their workshop, titled Intellectual Property: Protecting Your Assets, will cover various aspects of IP for business, including copyright and trade-marks, patents and trade secrets, confidential agreements and intellectual property considerations regarding export markets.

On November 23, 2011, Brock Smith of our Technology group was in Kamloops to present on the Anatomy of an M&A Deal. The presentation was held at the Kamloops Innovation Centre (KIC), a technology incubator that provides assistance, mentorship and seed funding to tech start-ups in the Kamloops area. Brock's presentation covered important considerations when negotiating mergers and acquisitions.

On November 22, 2011, Neil Melliship, Michael Roman, and Jeffrey Vicq delivered a presentation as part of the Business Beyond Borders seminar series organized by the Central Okanagan Economic Development Commission and the Trade Commissioner's Office of the Department of Foreign Affairs and International Trade Canada. "Protecting Your Intellectual Property" took place at Mission Hill Vineyards in Kelowna, and focused on how to protect key elements of a business, including brand, patents, trade-marks and copyright.

Seva Batkin is featured in the November 2011 edition of Internet and E-Commerce Law in Canada. His article, "Domain Names – A Type of Property" discusses the recent case Tucows.Com Co. v. Lojas Renner S.A., in which domain names were classified as a type of property. The Ontario Court of Appeal's decision affirms what was long suspected to be the legal status of domain names in Canada.

Clark Wilson congratulates Derek Desrosiers, CEO of uniPHARM Wholesale Drugs Ltd. and recipient of the prestigious Pillar of Pharmacy Award from the Canadian Foundation of Pharmacy. Mr. Desrosiers was honoured at a dinner held November 8, 2011 at the Delta Vancouver Airport Hotel in Richmond. As uniPHARM's legal counsel, we were a proud sponsor of the event, which was attended by lawyers Neil Melliship, Bill Ruskin, Don Sihota, and Pratibha Sharma.

Nicole Byres
& B.J. Gordon

On November 5, Clark Wilson sponsored the "Women in Leadership Decade of Dreams Gala" at the Fairmont Waterfront Hotel. The event raised funds for the Women in Leadership Foundation, a non-profit organization that works to faciliate and promote the advancement of women's leadership in Canada. Nicole Byres, Valerie Dixon and Heather Hettiarachchi attended the event, along with several of their clients and colleagues.

The November 11, 2011 edition of The Lawyers Weekly features Samantha Ip discussing her career as a lawyer in the article Pre-teen dream job a reality. In particular, Samantha reflects on how she came to specialize in Construction law, and comments on how the practice area has evolved with the changing economy, from deficiency and delay claims during the 1990's, to a rising demand for contract advice in the mid-2000's, and an increased focus on liens, unpaid work, and risk management today.

Aaron Singer, Chair of our Corporate & Commercial and Private Company Transactions Groups, is quoted extensively in the November 2011 issue of Inside Counsel. The article "The Canada Report: A best practices guide to doing business up North", provides an overview of the Canadian legal climate for U.S. businesses planning to enter the Canadian market.

On November 4, 2011, Stewart Muglich was a guest speaker at the Institute of Chartered Accountants of British Columbia – Mining Sector Forum, where he discussed the Dodd-Frank Wall Street Reform and Consumer Protection Act and the impact it will have on foreign private issuers.

On November 3, 2011, Mark Longo and Brock Smith of our Technology group presented on the Anatomy of an M&A Deal at the British Columbia Technology Industry Association (BCTIA) Centre 4 Growth. Mark and Brock were joined by Lee Davis, Managing Director of PwC, and discussed the do's and don'ts of mergers and acquisitions deals, and how to avoid pitfalls along the way.

Peter Kenward and Darren Donnelly of our Commercial Real Estate group will join Paul Sullivan of BCS Property Taxco on a "Legal Update" panel hosted by the Urban Development Institute. The panel takes place on November 22, 2011, and will include discussion on Phased Development Agreements, current practices related to Community Amenity Contributions, recent case law on the Real Estate Development Marketing Act, and changes to property tax assessments on mixed-use development sites. For more information and to register, download the brochure.

Clark Wilson LLP is pleased to welcome Amaan Gangji as an associate within our Corporate & Commercial, Private Company Transactions, Commercial Lending and Infrastructure & PPP Groups. Amaan brings experience working on large corporate and commercial lending transactions, and infrastructure projects for both private and public sector clients. He previously practised at a national firm in Toronto.

On September 23rd, 2011, Lyall Knott and Craig Rollins joined close to 300 students, staff, faculty, alumni and friends for the official opening ceremony of Allard Hall, the new home of UBC's Faculty of Law and the country's first new purpose-built university law school building in 30 years. Clark Wilson is proud to have been part of the largest private fundraising effort for a Canadian law school building through our support of this $56 million facility.

On October 12, 2011, Jeffrey Vicq and Michael Roman gave a presentation about the Canadian trade-mark system to the Association of Intellectual Property Firms—an international group of patent, copyright and trademark specialty law firms. Their presentation, titled Quirky Canucks: Eccentricities of the Canadian Trade-mark System, highlighted the opportunities and traps that ought to be considered when planning the Canadian aspects of a trade-mark portfolio.

Four lawyers from Clark Wilson LLP have been included in The Best Lawyers in Canada 2012 (Copyright 2011 by Woodward/White, Inc., Aiken, SC.). Nigel Kent, Alex Petrenko, Diane Bell and Neil Melliship have all been recognized by their peers as leading lawyers in their respective categories.

The Province newspaper quotes Allyson Baker in the September 11, 2011 edition of the column "Condo Smarts". In response to a reader's question, Allyson comments on the regulations that should be followed when determining how and when to retain or destroy ballots cast during strata council meetings.

We are pleased to announce that Adam Dlin and Veronica Franco have joined the partnership at Clark Wilson LLP. Adam practices within our Business Succession, Corporate & Commercial and Private Company Transactions Groups; while Veronica's practice encompasses Strata Property, Estate & Trust Litigation and Wealth Preservation. Congratulations!

Canadian Underwriter quotes Raman Johal extensively in the article "B.C. court awards $50,000 in punitive damages after finding that insurer took too long to advise insureds of denial of coverage in fire claim". The article references Raman's commentary in the September 8 edition of Insurable Interest on the recent B.C. Supreme Court ruling in Sidhu v. The Wawanesa Mutual Insurance, which highlights the need for insurers to conduct claims investigations fairly and throughly, and to promptly communicate their decisions to the insured.

Nicole Byres, Labour & Employment Group Chair, is featured in the September 9, 2011 edition of The Lawyers Weekly. Her article, "The purposive interpretation of 'employment' in statutes" examines recent decisions in which the definition of 'employment' has been broadly and liberally interpreted by tribunals and courts with the result that companies are required to give certain non-employees the protections that are afforded employees under employment standards, human rights and health and safety laws.

Brock Smith and Michael Roman acted as counsel to Vancouver technology company Zite, Inc. in connection with its acquisition by Cable News Network, Inc. (CNN). Zite's iPad news app gives users a more personalized news experience by providing them with content from a variety of web-based sources in a magazine-like format. Zite will now operate as a stand-alone business within the CNN corporate family.

Stewart Muglich and Craig Rollins acted as counsel to Avino Silver and Gold Mines Ltd. in connection with listing Avino's shares on the New York Stock Exchange AMEX. Avino's shares began trading on the NYSE AMEX on August 2, 2011 under the symbol "ASM". This is the second NYSE listing in the past six months for Stewart and Craig. In December they acted as counsel for First Majestic Silver Corp. in connection with its listing on the New York Stock Exchange.

On July 14, 2011, Mark Weintraub, Chair of our Estate & Trust Litigation Group, was interviewed in the article, "Economical helps develop new product". Mark reviewed ERAssure, an insurance policy from Economical Insurance Group that protects trustees and executors from being sued by their beneficiaries. The article is courtesy of Canadian Insurance Top Broker Magazine and Rogers Publishing.

On Monday, July 18, 2011, Asia Packaging Group Inc. (TSXV: APX) completed their successful qualifying transaction on the TSX Venture Exchange (TSXV) with Mei Tak (HK) Group Ltd. Mei Tak Group manufactures polypropylene films, bags and containers. Their wholly-owned subsidiary Qingfeng provides packaging products to China's pharmaceutical and food sectors. Corporate Finance & Securities lawyer Larry Yen acts as counsel to Asia Packaging Group Inc.

Raman Johal is quoted in the July 7 issue of Canadian Underwriter, in the article "B.C. changes Insurance Act to protect co-insureds". The article discusses the innocent co-insured provision in section 28.6 of BC's Insurance Act and the associated regulations, and references Raman's commentary in the June 24 issue of Insurable Interest.

On June 22, 2011, Pat Williams presented on "Property allocation and legal structure of strata corporations in relation to contingency reserve fund studies", which covered changes to the Strata Property Act and the effect it will have on strata corporations. The event was hosted by the British Columbia Building Envelope Council.

Nicole Byres and Michelle Tribe recently received reasons for judgement in Brian W. Davis, Inc. v. J. Fitzpatrick & Associates Ltd., 2011 BCSC 744. Nicole and Michelle represented the plaintiff, Brian Davis. This case is significant for its discussion of partnership principles and illustrates the complexity of the accounting required to determine the respective interests of partners on dissolution of their partnership.

We are pleased to welcome associates Nafeesa Valli-Hasham and Parvinder Hardwick to the firm. Nafeesa joins Corporate Finance & Securities, while Parvinder will be working with the Commercial Real Estate and Municipal Law Groups.

Mark Longo and Brock Smith of our Technology Group will be participating in the upcoming C100 event 48 Hours in the Valley from June 8 – 9. The event takes place in San Francisco and aims to connect Canadian entrepreneurs with advice, resources and networks to help grow their businesses. Mark and Brock are participating on a panel discussion called "Making it in America – What a start-up needs to know when expanding to the US." C100 is a non-profit organization that supports Canadian technology entrepreneurship and investment.

Brock Smith's article "An Ounce of Legal Prevention – The Right Advice at the Outset Saves You Money in the Long Run" outlines the value to company founders of getting the right legal advice at the outset of their business, rather than delaying or trying to do it themselves. Originally published in BC Tech Magazine 2010.

On May 11, 2011, Mark Longo and Brock Smith will be at the, Startup Legal 101: Startup Financing event, hosted by Martin Ertl at Bootup Labs. Their presentation, "What's the deal? Convertible Debt vs. Preferred Shares vs. Common Shares", will explain the ins and outs of structuring investments in startups.

Brock Smith is quoted extensively in "Lawyers wary of new technology", which was originally featured in the April 29, 2011 issue of The Lawyers Weekly. In this article, Brock discusses cloud computing, Web-based programs and applications, and what it could mean for law firms.

Don Sihota, chair of our Business Succession group, is featured in two recent editions of Business in Vancouver. In the March 22-28, 2011 edition, Don's article, "Don't minimize your minute book," looks at how proper minute book management can ensure a smooth transition in the sale of a business. In the April 5-11, 2011 edition, Don is quoted in "Strategic buyers, private equity eye BC deals," discussing how some BC business owners are looking to expedite their succession plans.

Mark Longo is moderating a panel discussion titled "The Canadian Public Equity Markets: The New 'Normal'?" on Wednesday, April 13, 2011. The panel is a luncheon event presented by ACG Vancouver, and will take place at the Four Seasons Hotel in Vancouver from 11:30am - 1:30pm. Visit the event page to register.

Jeffrey Vicq is speaking at Seattle University's School of Law on March 31. The topic of his lecture is "Canadian Trade-mark Practice for US Trademark Practitioners".

The 20th edition of the CLE BC Annual Review of Law & Practice has been released, with contributions from several Clark Wilson lawyers.

Allyson Baker, Glen Boswall, Valerie Dixon, Oliver Hanson, Samantha Ip, Lauren Liang, Amy Mortimore, Anna Sekunova and Satinder Sidhu provided the chapter on Construction Law, while Jeffrey Vicq wrote the chapter on Copyright Law.

Business in Vancouver has published its "Top 100 real estate deals of 2010" list and for the third year running, Clark Wilson's Commercial Real Estate Group has acted on more listed transactions than any other law firm.

Nicole Byres, Chair of our Labour & Employment Group, is quoted in "Extended leaves, extensive challenges" (Globe & Mail, March 7, 2011). In this article, Nicole discusses some of the challenges employers face when employees go on disability leave, including the requirement to keep the job open for the employee on leave and the fact that there is no clear rules as to when employees must return to work.

On March 3, Jeffrey Vicq spoke on Electronic Commerce in Canada: The Enforceability of Online Agreements as a co-lecturer at the 5th Internet Law Conference in Calgary. The event was hosted by Federated Press and focused on the latest developments in online regulation.

Members of Clark Wilson's Mining Group are co-hosting a series of receptions with CNSX and BDO at the 2011 PDAC Convention in Toronto from March 6-8. Contact Virgil Hlus to learn more.

After merely witnessing a traumatic event, the plaintiff made a seven figure claim for permanent psychological injuries which was recently dismissed in its entirety by the BC Supreme Court. After a three week trial, the trial team, led by Samantha Ip, successfully persuaded the Court to find that such damages claimed were too remote to be reasonably foreseen.

As announced in The Vancouver Sun on February 9, 2011, Ryan and Keith Beedie have donated $22 million to Ryan's alma mater – SFU Business, which will now be named the Beedie School of Business. This is the largest gift that Simon Fraser University has ever received.

Clark Wilson assisted in the deal by negotiating and finalizing the relevant transfer documents for the structuring of the donation on behalf of the Beedie Group.

SFU will use the gift to create an endowment supporting students, professorships and research chairs.

Clark Wilson's Megawatt blog has been nominated as one of LexisNexis' Top 50 Environmental Law & Climate Change Blogs for 2011. Megawatt covers a broad range of topics in the renewable energy sector: from wind and geothermal, solar, biofuel and ocean energy, to climate change issues and carbon trading. It is authored by Warren Brazier.

On January 26, 2011, Huaxing Machinery Corp. (TSXV: HUA) completed its qualifying transaction on the TSX Venture Exchange (TSXV) and was listed on the TSXV as an industrial issuer. Huaxing, through its operating subsidiary in China, is engaged in the manufacturing of stone cutting, polishing and processing machinery for the building and construction industry. Huaxing sells its products both within China and internationally. Corporate Finance & Securities lawyers Cam McTavish and Eric Pau acted as counsel to Huaxing Machinery Corp.

Peter Kenward, partner with our Commercial Real Estate and Municipal Law groups, will be speaking at a breakfast seminar on the Metro Vancouver Regional Growth Strategy. The seminar, hosted by the Urban Development Institute, will take place on February 1. Peter will join a panel of speakers who will provide a review of the implications of the Regional Growth Strategy from the municipal perspective. More details, including registration information, are available at http://udi.bc.ca/content/regional-growth-strategy.

Clark Wilson acted as lead counsel for Ontario based Bayfield Realty Advisors and RioCan Real Estate Investment Trust in their purchase of Mill Woods Town Centre in Edmonton for approximately $95 million. Clark Wilson's team included Commercial Real Estate partners Darren Donnelly and Jane Glanville and paralegal Wendy Ng.

On December 20, 2010, Veronica Franco received a Court of Appeal decision in the case of The Owners, Strata Plan NW 971 v. Daniels, 2010 BCCA 584. Veronica represented the strata corporation and was successful in defending the appeal. This is the first decision that confirms that Roberts Rules of Order can be used in general meetings and more specifically to adjourn meetings to re-vote a failed resolution without having to call a new meeting with the requisite notice.

Clark Wilson LLP acted as counsel to First Majestic Silver Corp., one of Canada's leading mining companies, in connection with listing First Majestic's shares on the New York Stock Exchange. First Majestic's shares began trading on the NYSE on December 15, 2010 under the symbol "AG". Concurrent with the listing on the NYSE, Clark Wilson LLP also assisted First Majestic with filing a registration statement on Form 40-F with the SEC. Clark Wilson LLP will continue to assist First Majestic with its US filings.

In the December 7-13, 2010 issue of Business in Vancouver, Don Sihota, chair of our Business Succession group, notes that many baby boomers will be retiring in 2011, resulting in a large turnover of businesses, but few have succession plans in place. In his article, "The silver tsunami – plan now", Don advises business owners to have a well-defined plan, so that they can retire on the wealth they've built into their business.

Clark Wilson acted as counsel to Mingleverse in a $1.4M seed financing with Yaletown Venture Partners, one of the premiere VC firm in Canada. The proceeds of this financing, announced on December 2, 2010, will allow Mingleverse to expand its marketing programs. Mingleverse is the start of the next generation of live web communications for social networking and mobile devices.

On November 30, Clark Wilson will partner with the Canadian Listed Companies Association, Manning Elliott, Canadian National Stock Exchange (CNSX) and Valiant Trust to host a seminar on the Advantages of Cross-Listing on CNSX for U.S. Public Companies at the Four Seasons Hotel Vancouver. The seminar is intended to be an overview of the legal and accounting requirements for US public companies considering cross-listing on a Canadian stock exchange. Bernard Pinsky, Conrad Nest and Larry Yen will be co-presenting on the legal requirements for obtaining and maintaining a listing on the CNSX. To view videos of the event, please click here.

On November 23, Mark Longo and Brock Smith are headlining the Bootup and Vancouver Enterprise Forum event, Term Sheet Theatre. They will negotiate a term sheet on stage along with other lawyers, entrepreneurs and investors to help startup companies understand the terms, the traps and the art of negotiating a term sheet.

On November 10, Stewart Muglich presented at the TSX seminar, Go Public: Your Road Map to Listing on TSX or TSX Venture. Stewart talked about doing an IPO through the Toronto Stock Exchange. The seminar, sponsored by Clark Wilson, discussed growth and financing opportunities for private companies interested in going public.

Veronica Franco quoted in the Fall/Winter 2010 issue of Western Living Condo. In order to avoid increased purchase prices Veronica suggests buyers be mindful of termination dates when it comes to delays involving pre-purchased condos.

Jennifer Loeb and Nigel Kent recently received reasons for judgment in Corbould v. BCAA Insurance Corporation, 2010 BCSC 1536, a claim for insurance coverage related to a furnace fuel spill that damaged the plaintiff's recreational home. In dismissing the lawsuit with costs, the Court adopted wholesale the defendant's arguments concerning policy interpretation, the doctrine of reasonable expectations and the pollution exclusion. The link to the case is http://www.courts.gov.bc.ca/jdb-txt/SC/10/15/2010BCSC1536.htm.

On Oct 28, 2010, Pat Williams received a Court of Appeal decision in the case of Azura Management (Kelowna) Corp. v. The Owners, Strata Plan KAS 2428, 2010 BCCA 474. Pat represented Azura Management (Kelowna) Corp. and was successful in his appeal and defence of the cross appeal.

On Oct 29, Nicole Byres presented on "Social Media Success – Practical Advice for Legal and Professional Conduct in the Online World" at the BC Legal Management Association Conference.

Jeffrey Vicq discusses possible changes to Canada's trademark regime that would involve adopting international trademark laws, in his recent article titled "Report from Canada: Significant Prosecution Changes Coming?", published in the ITMA Review.

Bernard Pinsky, chair of our Corporate Finance & Securities Group, provides his views on the complex securities laws in Canada in the October 15, 2010 issue of The Lawyers Weekly. In his article titled "Canada is too small to have such a big variety of securities laws" Bernard comments that although there is already a harmonized system in place, new securities rules are not always consistent across the country.

Bernard Pinsky, chair of our Corporate Finance & Securities Group, is quoted in the October 2010 cover story of Canadian Lawyer InHouse magazine. The article, titled Looking for Certainty, discusses recent developments concerning the draft national securities act, which was introduced by the federal government in May.

Mark Longo and Brock Smith of our Technology Group will be participating in the upcoming C100 event 48 Hours in the Valley on October 27 and 28. The event takes place in California's Silicon Valley, and aims to connect Canadian entrepreneurs with advice, resources and networks to help grow their businesses. C100 is a non-profit organization that supports Canadian technology entrepreneurship and investment. Clark Wilson is a sponsor.

During this comprehensive seminar, our Intellectual Property Group will provide an overview of key considerations when exporting technology to the US and other international markets. Topics discussed will include copyright, patents and trade secrets, trade-marks, privacy, counterfeiting & export permits and financing for technology businesses.

The session will be followed by a networking reception* sponsored by Clark Wilson.

Wednesday, November 3rd, 2010
Summerhill Pyramid Winery
4870 Chute Lake Road, Kelowna

Seminar: 3:00pm – 5:00pm
Reception: 5:00pm – 6:00pm

Topics discussed will include:

• Copyright (Neil Melliship)
• Patents and trade secrets (Michael Roman)
• Trade-marks (Jeffrey Vicq)
• Privacy, counterfeiting & export permits (Larry Munn)
• Financing for technology businesses (Brock Smith)

Pre-registration for this seminar is required as space is limited. The cost of this seminar is $15 per person. To participate in the seminar please contact the Central Okanagan Economic Development Commission at (250) 469-6280 (Visa, MasterCard or cheque only).

For more information regarding this seminar please contact:

Harvey Rebalkin
Trade Commissioner
Foreign Affairs and International Trade
Phone: 250-470-5000

or

Richard Takai
Export Development Officer
Central Okanagan Economic Development
Phone: 250.801.9020

* Please do not drink and drive.

Glen Boswall is quoted in the October 4 issue of Thompson's World Insurance News, in the article "Top court rules on construction liability". The article discusses the landmark Supreme Court of Canada decision in Progressive Homes Ltd. v. Lombard General Insurance Company of Canada, and references Glen's commentary on the case in the September 23 edition of Insurable Interest.

Members of our Intellectual Property Group will be speaking at an upcoming technology breakfast seminar. Neil Melliship, Michael Roman, Jeffrey Vicq and Larry Munn will be joined by representatives from SmytheRatcliffe chartered accountants and the Trade Commissioner for digital media & software for Foreign Affairs & International Trade Canada to discuss Intellectual Property, Tax, Export and related issues for Technology businesses.

The seminar, titled Intellectual Property Considerations, will be held on Wednesday, October 27, 2010 from 8:00–10:00 am at The Fairmont Waterfront in Vancouver. For complete details and to register, please see the seminar brochure.

Jeffrey Vicq, Brock Smith and Neil Melliship will be speaking to students (future digital media business owners and executives) in the Masters of Digital Media Program at Great Northern Way Campus on October 21. The seminar will discuss protection and enforcement of IP rights, commercialization of those rights and corporate governance and financing issues.

Mark Longo will be speaking at The British Columbia Innovation Council's CONNECT Conference as a Technology Leader. The event, being held on October 12 at the Vancouver Convention Centre, is a conference and structured networking event for early-stage tech entrepreneurs to interact directly with technology industry experts, mentors and partners.

Jeffrey Vicq was quoted in the article entitled "Canada's police force sounds ready to give up on IP enforcement", published by the World Trademark Review on September 22. Jeffrey discusses why there isn't more political support for anti-counterfeiting resources.

Glen Boswall's article Dealing with Performance Bonds is featured in the July/August 2010 edition of Construction Business. Glen explains how performance bonds work, provides some tips for using them, and describes some traps to avoid.

Heather Hettiarachchi is featured in the Fall 2010 issue of Canadian Lawyer 4Students. Heather discusses the pros and cons of her area of legal expertise, in the article titled Practising labour and employment law.

With a view to delivering legal services with greater efficiency, a number of the firm's practice leaders have completed a workshop and extensive follow up sessions with one of the legal industry's pioneers in the rapidly emerging area of Legal Project Management, James Hassett. At the firm's retreat earlier this month, this pilot group reported to the firm's lawyers and students as we begin to implement these valuable techniques and disciplines across all practice areas.

Nigel Kent is quoted in August 28 edition of The Vancouver Sun in the article titled Judgment generates court direction to councils. He comments on the case of Economical Mutual Insurance Company v. Aviva Insurance Company of Canada, which deals with an accident liability claim against a private party host. Nigel is counsel for one of the defendants in the case.

We are pleased to announce that Cam McTavish has joined the partnership at Clark Wilson LLP. Cam's practice focuses on Corporate Finance & Securities, Mergers & Acquisitions and Cross-Border Transactions.

Business in Vancouver quotes Don Sihota in the August 3-9, 2010 article Case Study: Succeeding in Succession. Don advises business owners to plan ahead in order to create as much value as possible and get the best sale price for their business.

The July/August 2010 edition of Canadian Builders Quarterly profiles Clark Wilson partner Samantha Ip. Samantha discusses the nature of construction claims and how they've changed in the current economy.

Nicole Byres, chair of our Labour & Employment Group, participated in a roundtable discussion of key employment and labour issues with Canada's Minister of Labour, the Honourable Lisa Raitt. Representatives from a number of industry and business groups also participated, including the Business Council of BC, Canadian Federation of Independent Business, Canadian Restaurant and Foodservices Association and the Vancouver Board of Trade.

Pat Williams is quoted in the July 2010 edition of Canadian Lawyer. The article titled It's not easy being green discusses Ontario's consumer-protection provisions and how they are deterring investments in energy-efficient developments. Pat comments on the lack of provisions in BC and what effect they could have on BC consumers.

The National Post quotes John Fiddick in the June 21 article Judge's Canwest deal raises some legal eyebrows. John comments on the restructuring of the Canwest Global Communications broadcast assets.

Nigel Kent is quoted in the June 21 issue of Thompson's World Insurance News in the article Decision places liability on condo policy holders. Nigel comments on a ruling that states the terms of insurance coverage for strata councils are to be decided by the policy and not the law. The ruling is discussed in more detail in the June 9 edition of Insurable Interest.

In her most recent blog post from The Legalist, Nicole Byres discusses the importance of employers and employees being aware of conflicts of interests that can arise in the workplace. The Legalist is a blog authored by Nicole on the BCBusiness website.

In his article entitled "An ounce of legal prevention", Brock Smith writes about the importance of good legal advice at the onset of a startup. He cautions business leaders on the dangers of self incorporation, inadequate intellectual property protection and misguided financing transactions.

Clark Wilson will be sponsoring the Bootup Entrepreneurial Society event 'Lean Product Development: Learning is the Killer Feature with Flowtown's Dan Martell'. The event, being held on June 17, 2010, will focus on ways to increase probabilities of succeeding as a startup.

Nicole Byres will be speaking to members of the Conference Board of Canada Compensation Research Centre on June 11, 2010 in Vancouver. The theme of the meeting is 'Challenging the Norms' and Nicole will be speaking on the topic of 'The New Norms for Overtime'.

Darren Donnelly will be speaking about the Harmonized Sales Tax at a breakfast seminar hosted by the Urban Development Institute on June 3 in Vancouver. Darren will be part of a panel discussing the impacts of the HST on the real estate development industry. Clark Wilson is a sponsor of the event.

On May 27, Mark Longo will present a workshop at the Fusion Bootcamp, part of the Fusion Salon Investment Forum 2010 taking place at the Vancouver Convention Center. The Salon will focus on startups, early and growth-stage digital media and wireless companies seeking to connect with Silicon Valley venture capitalists. Mark's workshop will focus on the Legal aspects of raising Angel and VC financing. Clark Wilson is a sponsor of the event.

The May 12th edition of the Times Colonist quotes Veronica Franco extensively in the article "Insurer needs to know about differing fixtures". Veronica discusses which fixture improvements should be insured by the strata corporations and which ones should be insured by the owner.

In her most recent post from The Legalist, Nicole Byres discusses ways to reduce termination costs before the employee is hired. The Legalist is a blog authored by Nicole on the BCBusiness website.

Bernard Pinsky is featured in the May 14 issue of The Lawyers Weekly. In his article titled How to deliver legal services after the recession, he discusses the changing expectations of clients with regards to value and cost certainty.

Clark Wilson is sponsoring the event 'Silicon Valley VC Investment in Canadian Technology Companies: Past, Present and Future' on May 6, 2010. Join fellow members of Vancouver's technology and investment communities as they explore some critical questions regarding American investment in Canadian technology ventures. The event is part of the IveyBC Speaker Series.

Pat Williams comments on the some of the changes to the Strata Property Act in the April 23, 2010 edition of The Lawyers Weekly. The article titled, "New BC Act boosts strata property owners' rights" discusses potential benefits of the new legislation that could prevent strata corporations from restricting rentals.

Clark Wilson congratulates alumnus Neal Caldwell, who has been appointed Judge of the Court of Appeal for Saskatchewan. Mr. Justice Caldwell has practised with the firm McDougall Gauley LLP, Barristers & Solicitors since 1998. His areas of practice include intellectual property, corporate law, business law, privacy law, regulatory compliance, corporate governance, banking and finance.

James Bryce's article titled, Developing First Nations land can be a very different experience is featured in the April 20 – 26 issue of Business in Vancouver. Some First Nations have started to take over management of their land under the First Nations Land Management Act. James discusses the issues related to developing this type of land.

The April 16 edition of Journal of Commerce quotes Samantha Ip in the article "Stalled payments a growing issue in construction industry". Samantha will be moderating a panel covering the topic at this year's Buildex Vancouver. Two other Clark Wilson seminars are also highlighted, including one that will discuss potential pitfalls in construction projects and what can be done about them, and another on financial accountability of strata management.

Warren Brazier was quoted in the April 13-19, 2010 issue of Business in Vancouver. Warren comments on the need for power procurement change in the article titled "Producers seek more power procurement clarity".

In her third and final blog on Social Media in the Work Place in The Legalist, Nicole Byres discusses the contents of a good work place social networking policy. The Legalist is a blog authored by Nicole on the BCBusiness website.

The March 31st edition of the Victoria Times Colonist quotes Veronica Franco extensively in the article "Be clear on purpose and format of a hearing". Veronica discusses the definition of "hearing" under the Strata Property Act, and practical implications for strata councils and individual owners.

The 19th edition of the CLE-BC Annual Review of Law & Practice has been released, with contributions by Clark Wilson lawyers. Allyson Baker, Glen Boswall, Valerie Dixon, Steven Donley, Samantha Ip, Michal Jaworski and Amy Mortimore provided the chapter on Construction Law, while Jeffrey Vicq contributed to the chapter on Intellectual Property Law.

Jeffrey Vicq will be delivering a guest lecture at Seattle University's School of Law on April 1. He will be speaking to a class of law students, as well as some US attorneys, in a course on Administering Trademarks. His topic is "Canadian Trade-mark Practice for US Trademark Practitioners".

We are pleased to welcome Heather Hettiarachchi to the firm as an associate with our Labour & Employment Group. In addition to her expertise in labour and employment law Heather brings unique and valuable experience as a labour relations advisor and human resources practitioner. She advises clients on all aspects of labour and employment issues arising in unionized and non-unionized workplaces.

Brock Smith's March 5 Tech Bulletin is featured in The Voice, an email newsletter published by the BC Technology Industry Association (BCTIA). Brock comments on the Canadian government's proposal in the Federal Budget to change Income Tax Act reporting rules for foreign investment. The BCTIA has been advocating for such a rule change.

Glen Boswall comments on the Tercon Contractors v. British Columbia case in the March 5 edition of The Lawyers Weekly. The front page article, "'Fundamental breach' doctrine dead for exclusion clauses" is one of many on the long awaited Supreme Court of Canada judgment. A summary of the case originally appeared in the February 12 issue of Construction Law Bulletin, followed by a more detailed analysis in the February 23 issue.

In her most recent blog post from The Legalist, Nicole Byres discusses the differences between independent and dependent contractors and how these differences can impact the legal requirements for reasonable notice. The Legalist is a blog authored by Nicole on the BCBusiness website.

Glen Boswall is again quoted in an article on the Tercon Contractors v. British Columbia case in the February 24 edition of the Journal of Commerce. The article, Supreme Court's Tercon ruling may force new approach to contracts, is the second article by Richard Gilbert since the ruling.

Glen Boswall and Roy Nieuwenburg comment on the Tercon Contractors v. British Columbia case in an article entitled "B.C. government breached own contract on highway project, court rules" in the February 17 edition of Journal of Commerce. An article on the case originally appeared in the February 12 issue of Construction Law Bulletin.

Jeffrey Vicq's article titled "New defamation defences benefit the Twitiverse" is featured in the February 12, 2010 issue of The Lawyers Weekly. The article discusses the Supreme Court of Canada's decision to expand defences of defamation claims benefiting both traditional and new media.

We are pleased to welcome to the firm Jennifer Loeb as an associate with our Litigation Department. Jennifer was called to the bar in 2007. She received her Bachelor of Laws degree from the University of British Columbia. Her experience includes defence of personal injury and property claims, and contract disputes.

Nicole Byres, chair of our Labour & Employment Group, has joined with BCBusiness magazine to launch 'The Legalist', a new blog about employment law cases and current workplace issues that affect the BC business community. Her first posts will address some of the challenges the Olympics are bringing to the workplace.

We are pleased to welcome Parveen Karsan to our Taxation Practice Group. Parveen will be practicing corporate tax, with an emphasis on cross-border transactions, mergers and acquisitions and domestic corporate reorganizations. She will also assist in the resolution of tax disputes.

Clark Wilson is sponsoring Bootup Demo Days, a joint effort of the Bootup Entrepreneurial Society, Bootup Labs and BCIC, in Vancouver on January 28. At this event ten pre-selected early stage BC start-ups present their company to early stage investors. The firm is also sponsoring Mentor Speed Dating, being held in Vancouver on February 10. This gathering aims to pair technology start-ups with mentors in the areas of law, fundraising, technology, business development, sales and accounting.

Nigel Kent's article titled 'Juggling Ethics: Joint Retainers and the Professional Obligations of Insurance Defence Counsel' was featured in the January 2010 edition of Canadian Journal of Insurance Law. The article was first published in June 2009 and can be found under the Insurance Publications section of our website.

Mark Longo and Brock Smith, along with Dean Prelazzi from the B.C. Innovation Council hosted an informal, unplugged, 'British Columbia Innovation Council Soundboard' discussion - Legal Speak-Easy - on December 3rd at the Lion's Pub. The event was designed for entrepreneurs, and was open to 25 company founders, CEOs, and other senior management team member of B.C. based technology start-ups.

The October issue of InHouse magazine quotes Bernard Pinsky in the article The Power of One. Bernard comments on new rules published by the Canadian Securities Administrators aimed at harmonizing Canada's securities laws.