Our Managing Partner James Speakman has officially launched his blog: www.cwilson.com/jamesspeakman. Read his first post about NAIOP Vancouver’s expert panel discussion on Vancouver real estate investment market trends.
Darren Donnelly presented at an Urban Development Institute (UDI) Pacific Region breakfast on September 11, 2014 on the topic of "Legal Update: REDMA Amendments". Following opening remarks by BC Finance Minister Mike de Jong, Darren and his fellow speakers presented on the amendments taking place with the Real Estate Development Marketing Act. The latest version of REDMA, presentations and photos from the event are available at the link provided above. The changes are described in detail in this article by Darren’s Commercial Real Estate colleagues Sarah Jones and Robby Goodrich.
Last week, our Insurance Group presented to the Insurance Institute of BC on the "Top Cases & Industry Developments for 2013-2014". The event was a great success and was attended by many insurance companies from AON Reed Stenhouse to Willis Canada. CW members spoke on various subjects including the Legislative Updates, Errors & Omissions Update and the Duty to Defend.
The Competition Bureau of Canada recently issued a warning letter to for-profit businesses operating clothing donation bins that closely resemble the donation bins operated by not-for-profit charitable organizations. Following an inquiry, the Bureau has advised businesses to differentiate their for-profit bins so that people can make informed decisions about which companies and organizations receive their donations. Clark Wilson, acting on behalf of a client in the non-profit sector, was instrumental in convincing the Bureau to hold the inquiry which resulted in this warning being issued. To learn more about this directive, listen to this CBC broadcast or read the Bureau’s press release.
Clark Wilson acted as Canadian counsel for Pure Industrial Real Estate Trust (PIRET) in their acquisition of a 10-property industrial portfolio in the US. The transaction, with a value of US $205M, included properties in California, Florida, North Carolina, New Jersey, Illinois, Louisiana, and Texas and involved bridge financing from the Bank of Montreal. Greenburg Traurig LLP acted for PIRET in the US. Davies Ward Phillips & Vineberg LLP and Morgan, Lewis and Bockius LLP acted for the Bank of Montreal in Canada and the US, respectively. James Speakman and Rosemary John comprised Clark Wilson’s team on the transaction. Learn more.
"Where there isn’t a will, there may be a way": Mark Weintraub and Gordon Behan write on WESA for TLABC.
In the Summer 2014 issue of The Verdict, the premier publication of the Trial Lawyers Association of BC (TLABC), Clark Wilson Partner Mark Weintraub and Clark Wilson lawyer Gordon Behan authored an article about WESA, the Wills, Estates and Succession Act, which came into effect on March 31, 2014. Their article answers key questions about how WESA will operate in practice, how WESA will change the way lawyers advise clients, how WESA may affect litigation in certain areas, and more. This article arose out of a TLABC presentation delivered by Clark Wilson Partner Amy Mortimore and Gordon Behan. This article is a useful reference for those working with WESA for the first time. Check out this informative read.
In the September issue of Bottom Line, an online publication for Canada's accounting and financial professionals, Clark Wilson LLP Partner Bernard Pinsky speaks on the evolving role of audit committees in terms of risk and time commitment. In the face of increasing demands and a changing operational landscape, "The amount of time that an audit committee must invest to understand all aspects of the disclosure, and check that financial disclosure controls are in place, has dramatically increased," explains Pinsky. Read the full article, "Pressure builds on audit panels as threats and liabilities abound," to learn more.
On August 22, Bernard Pinsky was featured in "TSX makes majority voting mandatory," a Lawyers Weekly article about new rules against "zombie directors" of publicly traded companies. A zombie director is a person who does not have the confidence of a company’s investors, but remains on the board nonetheless. The new rules will "give more power to shareholders," explains Pinsky, "moving towards more accountability." On May 2, Bernard was also featured in another Lawyers Weekly article, "Traditional viewpoint appears to be in flux," and commented on how, when it comes to negotiating in good faith, Canadian courts may start moving towards the position taken by U.S. courts in cases that required good faith negotiations.
The Insurance Institute of BC has invited Clark Wilson's Insurance Group to discuss Property & Casualty Insurance: Top Cases & Industry Developments for 2013-2014. They will provide insights on topics such as legislative updates, arson and insurance and duty to defend. This event will take place on September 9, 2014 at UBC Robson Square.
The Honourable Marion J. Allan prepared course materials with Kimberly Santerre of Jenkins Marzban Logan LLP for The Continuing Legal Education of BC. The paper is entitled "BC Cases Interpreting the Property Division Provisions of the Family Law Act". These materials, originally published by CLE BC, review and comment on the few key cases where the Supreme Court has considered the provisions of the Family Law Act (FLA).