Clark Wilson sponsoring Top 100 Companies event
[06.16.09] On Tuesday June 16 Clark Wilson honoured the organizations on this year's Business in Vancouver Top 100 Private and Public Companies lists. The event gathered hundreds of BC's business leaders in order to shine a spotlight on the success of these remarkable organizations. Clark Wilson was a proud sponsor of this event, along with KPMG and the CGA.

• over 15 years as in-house legal counsel and corporate secretary for technology and telecom companies;
• development and successful execution of business plans for international, growth-oriented, publicly traded and private technology companies;
• negotiation, structuring, due diligence and documentation of mergers and acquisitions (asset and share purchases on both the buy and sell side);
• corporate financings: public equity, bank debt, convertible debentures, venture capital;
• strategic alliances, joint ventures, software license, reseller and distribution agreements;
• customer and supplier agreements with Fortune 500 companies;
• extensive experience and expertise in corporate governance, corporate and securities law; and
• significant experience as a member of executive committees of companies and in serving boards of directors of varying sized companies;

Clark Wilson Sponsors Inaugural Women's Leadership Forum
[09.04.08]
Clark Wilson is proud to be a silver sponsor of the

In memory of David Buchanan
[05.21.08] With deep sadness, we report that David W. Buchanan, QC passed away on May 18, 2008. David was greatly admired as a lawyer and as a person, known and respected for his intellect, his integrity, his dedication and his sense of humour.

David spent his entire legal career with Clark Wilson, articling with the firm in 1966. Over the next 42 years, he developed a reputation as exceptional counsel and a true professional, practicing in the areas of employment law, gaming law, family law, and intellectual property. He was appointed Queen's Counsel in 1983.

David's contributions were far-reaching. He was an enthusiastic leader, mentor, teacher and role model to countless young Clark Wilson lawyers and staff members over the years. He was also a tireless volunteer, serving on the Board of Trustees of Vancouver Hospital and Health Sciences Centre for 13 years,and acting as Chairman for one year. He was a former President of The Vancouver Bar Association; a former director of the Legal Services Society of BC; former Chair, Law Day of British Columbia; former member, National Judiciary Committee, Canadian Bar Association and a member of the International Commission of Jurists.

David was admired and loved as a colleague, partner, mentor and friend. He will be greatly missed.



Welcome Peter Kenward
[05.16.08] We are pleased to announce that Peter Kenward has joined the Commercial Real Estate Group at Clark Wilson LLP.

Peter is well-known in BC's real estate community, for his work involving complex land use matters and regulatory issues. He is active in numerous organizations involved in land use law, and is currently serving on the Board of Directors of the Urban Development Institute (Pacific Region).

In his practice, Peter regularly advises property owners regarding options for land use and development and strategies for accommodating community and regional growth management concerns, and his recent experience includes representing a large coalition of BC businesses regarding the terms of the Community Charter. He has also represented property owners at all levels of the Court system, through to and including the Supreme Court of Canada, on applications to set aside bylaws which negatively impact land use and development potential.

Peter completed his Bachelor of Commerce (1979) and LL.B. (1981) at UBC. He was called to the BC Bar in 1982, and practiced with McCarthy Tétrault for many years prior to joining our firm.



Hot off the press!
[05.07.08] New issues of our practice group newsletters and bulletins are now available. The May editions of Campus Counsel and Knowledge Bytes, the Spring edition of Your Estate Matters, and the April edition of Securities Law Bulletin can all be read online. The latest Insurance Bulletin and a new feature article on BCRELinks.com are also available. Clients and friends are welcome to receive our publications by RSS, or sign up for a complimentary subscription here.



Welcome Stewart Muglich
[04.22.08] Stewart Muglich has joined Clark Wilson LLP as a Partner in the firm's Corporate Finance / Securities practice group. Stewart's practice encompasses most areas of corporate finance and securities law including corporate acquisitions, divestitures, reorganizations, private transactions, public and private offerings and other financings. He will also provide strategic advice on both proxy contests and hostile and negotiated takeover bids, cross-border offerings and acquisitions.

Stewart received a B.A. in 1986 from Simon Fraser University and an LL.B. in 1989 from the University of British Columbia. He also received an LL.M. in International Business and Trade Law and an M.B.A. in Corporate Finance from Fordham University in New York in 1991 and 1992, respectively. Stewart was called to the British Columbia Bar in 1990 and admitted to practice at the New York State Bar in 1991.



Jonathan Hodes on Bill 22
[04.21.08] Jonathan Hodes of our Insurance practice group was quoted in an April 21 article on the Canadian Underwriter website. The article discusses Bill 22, the Health Care Costs Recovery Act currently being debated in the BC legislature. The quotes are taken from Jon's recent CW Insurance Bulletin on the subject.



Brock Johnston discusses P3s on CBC Radio
[04.17.08] Brock Johnston, co-chair of our Public Private Partnerships group, was on CBC Radio on Thursday morning. He was a guest on Rick Cluff's Early Edition, discussing how well-designed P3s can provide value for money while serving the public interest. Brock will also be speaking about P3s at the Partnering for Public Infrastructure conference, to be held in Toronto in May.



Lessons for succession planning
[04.16.08] Don Sihota's article, Passing the Baton, was published in the latest issue of Alberta Oil (Volume 4, Number 1). Don's article offers a few lessons for succession planning in family run businesses. Alberta Oil is a high end magazine for Alberta and British Columbia businesses in the oil industry and has a wide circulation.



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.



Welcome Elaine Adair
[04.01.08] Elaine Adair has joined Clark Wilson LLP as a Partner in the firm's Business Litigation practice group. Elaine's practice encompasses most areas of commercial civil litigation, including contract disputes, product liability claims, insurance coverage disputes and other complex commercial matters.

Over the last 10 years, Elaine has defended a variety of clients involved in class actions, including litigation following the collapse of Bre-X Minerals, product liability claims, alleged price-fixing conspiracies, and actions involving a well-known payday lender. She received her M.A. from the University of Western Ontario in 1978, and her LL.B. from the University of Toronto in 1981. Elaine was called to the bar of British Columbia in 1982.



CW lawyers in the news
[03.31.08] Two of our lawyers were featured in the media recently. Bonnie Elster talks about our in-house training program for lawyers in the article Continuing Professional Development: a look at three in-house approaches, which appeared in the March 2008 edition of the Benchers' Bulletin. Don Sihota was interviewed for the article Sell your business, which appeared in the March 2008 edition of Make It Business. Don will also address the topic in an upcoming seminar on April 17.



Byres & Weiland in The Lawyers' Weekly
[03.11.08] Two of our lawyers were published in The Lawyers Weekly recently. Labour & Employment practice group chair Nicole Byres' article Retirement agreements may signify next frontier in employment contracts appeared in the February 29 edition. Tax group member Richard Weiland's article Lease cancellation payments don’t qualify as capital is in the March 14 edition.



Brock Johnston comments on P3s in BC
[02.29.08] The February 2008 edition of Lexpert quotes Brock Johnston in the article The Land of the Rising P3. The article discusses the growth of Public-Private Partnerships throughout Canada, with Brock's comments providing a perspective on the process in BC. Brock will also be speaking about P3s at the Partnering for Public Infrastructure conference, to be held in Toronto in May.



BCTIA IMPACT Speaker Series
[02.28.08] Clark Wilson LLP is a co-sponsor of the monthly BC Technology Industry Association (BCTIA) IMPACT Speaker Series. The IMPACT Speaker Series features Finalists and Winners of the BCTIA Annual Technology Impact Awards (TIAs). Executive representatives of these featured companies share their successes, lessons learned and future plans. Delivered as a monthly breakfast event, IMPACT hosts a diverse audience that includes entrepreneurs, investors and those dedicated to serving BC's technology industry.



Pacific Northwest Wireless Summit
[02.15.08] Clark Wilson LLP was a Silver Level sponsor at the Pacific Northwest Wireless Summit held in Vancouver from January 16 - 18, 2008. The Summit focused on the four top wireless growth areas: Social networks, location-based services, mobile advertising and mobile entertainment, and brought together technology and application innovators, service providers and other companies and stakeholders in the wireless industry from BC, the Yukon, Alberta, Alaska, Washington, Northern California and Idaho.



Doug Lahay featured in The Lawyers Weekly
[02.11.08] The February 1, 2008 edition of The Lawyers Weekly features an article by Doug Lahay, titled Maximizing first party benefits: how to avoid the pitfalls. The article discusses the issues faced by counsel in personal injury cases. Doug is a partner with Clark Wilson, and chair of our Personal Injury and Business Litigation practice groups.



Jon Hodes joins CDL Board of Directors
[02.08.08] Jon Hodes has been appointed to the Board of Directors of the Canadian Defence Lawyers. The Canadian Defence Lawyers is the only national organization that exclusively represents the interests of civil defence lawyers. Jon is a partner with our firm, and a member of our Insurance Litigation, Business Litigation and Environmental practice goups.



Securities Group receives high PIPE ranking
[01.25.08] Our Securities Group has again ranked highly on the PIPE Market League Tables in year-to-date measurements of number of placements advised as Issuer's Legal Counsel (and again we're the only Canadian firm on the list). The table is generated by Sagient Research Systems, a leading publisher of independent research for the financial services and institutional investment communities.



Niamh Pollak on Canadian copyright reform
[01.23.08] Niamh Pollak's article Copyright reform needs to strike the right balance between rights holders and consumers was published in the January 22-28, 2008 edition of Business in Vancouver. Niamh is a member of our Technology and Intellectual Property practice group and one of our newest contributors to the Canadian Trademark Blog.



Neil Melliship on domain name disputes
[01.15.08] Neil Melliship was quoted by ITWorld Canada, in an article titled Domain Name Disputes on the Rise. Neil comments on domain name dispute resolutions initiated under the Canadian Dispute Resolution Policy (CDRP), the global Uniform Domain Name Dispute Resolution Policy (UDRP), and the World Intellectual Property Organization (WIPO). Neil is chair of our Intellectual Property group and a frequent contributor to the Canadian Trademark Blog.



Lyall Knott appointed Chair of Rick Hansen Foundation
[01.14.08] Lyall Knott has been appointed Chair of the Rick Hansen Foundation. The Foundation works to create more accessible and inclusive communities for people with a spinal cord injury, and supports the search for a cure. Lyall was also elected to the Board of Directors of S.U.C.C.E.S.S. One of the largest immigration and social service agencies in BC, S.U.C.C.E.S.S. has a mandate to promote the well being of Canadians and immigrants, and to encourage their participation in the community.



'The New Rule 144'
[01.03.08] The new Rule 144 adopted by the United States Securities and Exchange Commission will become effective in February 2008. In order to help people understand the implications of the new Rule 144, our Corporate Finance / Securities Group will hold a one hour seminar on January 17. Further details and registration information are available on our seminars page. A backgrounder on Rule 144 was also published in the December issue of Securities Law Bulletin.



BC Business quotes Don Sihota
[01.02.08] The January issue of BC Business quotes Don Sihota in the article 'Delay planning at your peril'. The article discusses the importance of business succession planning, both for business owners and the economy as a whole. Don is a partner with Clark Wilson, and has worked with many business owners planning for the future of their businesses.



Holiday Closure
[12.10.07] Clark Wilson's offices will be closed December 24th (full day) through 26th. We will return to regular business hours Thursday, December 27. Happy Holidays!



'Hosting the Perfect Holiday Party'
[12.07.07] With many businesses planning staff parties during the holiday season, proactive employers should take steps to minimize their risk, and to help ensure employee safety. In the latest edition of Work Place Post, Nicole Byres looks at the duty of care of employers to their employees at these social functions. Nicole discusses some recent case law, and offers tips to help employers plan staff parties that are both fun and safe for everyone.



Clark Wilson again makes list of top PIPE law firms
[12.03.07] Once again our Securities Group has placed high on the PIPEs Scorecard, moving up to 7th in North America ranked by the number of placements advised as Issuer's Legal Counsel. Clark Wilson is the only Canadian law firm to make the list. The PIPEs Scorecard is a feature of the PIPEs Report, which provides news, information and analysis of private investments in public equity.



Estate Planning CLE draws record registration
[11.26.07] Ross Tunnicliffe, Chair of our Tax and Estate Planning Group, chaired the CLE conference 'Estate Planning Update 2007' on November 16. The conference, which drew a record 180 registrants, provided an overview of recent developments in the area of estate planning, both in Canada and in the United States.



Hannelie Stockenstrom in The Lawyers Weekly
[11.15.07] The November 2, 2007 edition of The Lawyers Weekly features an article by Hannelie Stockenstrom, chair of our Construction group. Hannelie’s article, titled Court acknowledges business sense in selecting winning bidder, discusses the BC Court of Appeal decision in Continental Steel Ltd. v. Mierau Contractors Ltd.



Business Examiner quotes Don Sihota
[11.09.07] Don Sihota of our Corporate Transactions group was quoted in the November issue of Business Examiner, in the article 'Thought about an exit strategy?' The article discusses business succession planning in light of a recent study that found only seven per cent of Canadian business owners have a written succession plan in place.



Nicole Byres on the end of mandatory retirement
[10.31.07] On January 1, 2008, changes to BC's Human Rights Code affecting mandatory retirement will take effect. Nicole Byres of our Labour & Employment practice group explains the changes and their implications for employers in her paper 'The End of Mandatory Retirement: Understanding the Changes to the BC Human Rights Code.'



Nigel Kent quoted in Thompson's World Insurance News
[10.31.07] Nigel Kent of our Insurance practice group was cited in the October 29th edition of Thompson's World Insurance News, commenting on a recent Supreme Court of Canada case dealing with coverage under an auto policy.



New Business Matters
[10.16.07] In the October 2007 edition of Business Matters, Editor Aaron Singer discusses the duty of care that directors of BC corporations owe to their company's creditors under the Business Corporations Act. Valerie Dixon reviews the pitfalls to avoid when luring a new employee in Hook, Line and Sinker. Michal Jaworski and Shauna Towriss combine efforts to cover Unlimited Liability Companies and their impending availability in BC.



Clark Wilson LLP welcomes new associates
[09.26.07] We are pleased to welcome three new associates to the firm, Marta Davidson, Conrad Nest and Michelle Tribe. Both Marta and Conrad have joined our Corporate Finance / Securities Group, while Michelle is working with our Business Litigation Group.



Don Sihota quoted in Alberta Venture
[09.18.07] In the September 2007 issue of Alberta Venure, Don Sihota is quoted extensively in the article 'Beating the rush to the exits'. Citing a 2006 survey that found a large number of Canadian entrepreneurs plan to retire in the next few years, the article discusses the importance of developing a business succession strategy. Don is a partner in Clark Wilson's Business Law Department.



Nigel Kent on D&O insurance and negligence
[09.14.07] In the Thompson's World Insurance News article Black verdict could lead to d&o payout, Nigel Kent talks about D&O insurance coverage and how it may apply when 'negligent directors' are held accountable for the fraudulent activities of other directors and executives.



Neil Melliship to speak at Trademark Law conference
[09.10.07] Neil Melliship will speak at the Advanced Trademark and Advertising Law conference in Seattle on Sept 20-21. He will talk about enforcement strategies for trademark owners in Canada, China and the European Union. Neil is chair of our Technology and Intellectual Property group. He is a co-founder of the Canadian Trademark Blog, and an active speaker and writer on trademark issues.



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.



Sunstone Realty Advisors' $20,000,000 offering completes
[08.22.07] Clark Wilson congratulates client Sunstone Realty Advisors on the completion of their $20,000,000 Pure Industrial Real Estate Trust offering, and the acquisition of the REIT's first real estate properties. James Speakman of Clark Wilson's Commercial Real Estate Practice Group led the legal team handling the offering, from structuring the REIT through completion of the offering.



Vancouver Sun quotes Don Sihota on Business Succession
[08.21.07] In The Vancouver Sun article, Small business owners aren't planning ahead (Aug. 21, by Michael Kane), Don Sihota talks about the importance of a solid business succession plan. The article cites a recent survey that highlights a lack of succession planning by Canadian business owners, potentially shortchanging both owners and their employees.



Tony Fogarassy published in The Vancouver Sun
[08.08.07] Tony Fogarassy's article Energy Security: U.S. has a role in mind for Canada and Mexico was published in the August 7th edition of The Vancouver Sun. The article focussed on recent U.S. efforts to create energy policy, which in large measure relies on Canada's and Mexico's extraction of natural resources and generation of electricity for the U.S. market, to reduce its dependency (President Bush says, addiction) on overseas energy supplies. Tony is a member of our Energy & Natural Resources Group.



Central City Deal 'Largest in BC History'
[08.02.07] Central City, the landmark 1.5 million sq.ft. retail and office development located in central Surrey, has been sold. Darren Donnelly of Clark Wilson's Commercial Real Estate group led our team representing the purchaser, reported by the Vancouver Sun to be the largest real estate deal for a single asset in BC history.



Labour & Employment News!
[08.01.07] In the July 2007 edition of Work Place Post, Valerie Dixon explains the pitfalls to avoid when luring a new employee. Dianne Rideout covers an employer's duty to accommodate a disabled employee as well as a former directors' liability for unpaid wages. The Supreme Court of Canada's latest word on collective bargaining rights is clarified by Nicole Byres and articled student, Pratibha Sharma. Please follow the links to the full articles on the Clark Wilson LLP website.



Clark Wilson LLP Welcomes Brad Kielmann and Kyle Wilson
[07.06.07] Clark Wilson LLP is pleased to welcome new associates Brad Kielmann and Kyle Wilson to the firm. Both Brad and Kyle articled with us, and were called to the Bar of British Columbia in May. Brad is working with our Business Litigation Group, and Kyle is working with our Corporate Transactions and Commercial Real Estate Groups.



IP Lawyers in the News
[07.06.07] Two of our technology lawyers were featured in the news recently. Neil Melliship, chair of Clark Wilson's Technology and Intellectual Property Group, was quoted in a June 23 Vancouver Sun article on the Mayor of Vancouver's EcoDensity trademark application. Brock Smith was quoted in an article on the IT World Canada website on Symantec Corporation's decision to compensate users who lost data due to a faulty anti-virus update. Brock also wrote an article for the Wireless Innovation Network of British Columbia website on some of the common problems that companies may encounter with getting financing.



Brock Smith on Anti-Spam Legislation
[06.05.07] Brock Smith was quoted in a June 5-11, 2007 Business in Vancouver (BIV) article entitled Vancouver spammers spur calls for new law. The article, written by Glen Korstrom, discusses the BC market as a prime source for Canadian spam and the possible use of legislation to combat unsolicited email. Brock is a partner with Clark Wilson's Technology and Intellectual Property group.



Brock Johnston on Public-Private Partnerships
[05.16.07] Brock Johnston, co-chair of Clark Wilson's P3 practice group, was featured in the April-May edition of the CBA's National magazine in the article Public-Private Practices. Brock comments on the increased demand for P3 project expertise in the BC market, and the multi-disciplinary skill set required by practicing lawyers.



Solar Inspired Energy - 2007 VIATeC Awards Finalist
[05.07.07] Clark Wilson's Technology & Intellectual Property group congratulates client Solar Inspired Energy Inc. for being named finalist in two categories at the 2007 VIATeC Technology Awards. Solar Inspired Energy was nominated for both the Emerging Technology Company of the Year, and the Innovative Excellence - Process or Product categories. The 2007 VIATeC Awards will be presented May 23rd at the Victoria Conference Centre.



BC Legislation to End Mandatory Retirement in 2008
[05.01.07] On April 25, 2007, the BC Government introduced Bill 31, the Human Rights Code (Mandatory Retirement Elimination) Amendment Act, 2007. In a special edition of Clark Wilson's Work Place Post, our Labour & Employment group has identified a series of Employer strategies to help manage Human Resources in preparation for the coming end of mandatory retirement in British Columbia.



Smith and Towriss on Canada's Fight Against Spam
[04.17.07] Shauna Towriss and Brock Smith's article Tougher legislation to fight spam was published in the April 13th edition of The Lawyers Weekly. The article calls upon the Federal government to enact anti-spam legislation, increase consumer education and encourage the development of anti-spam technologies.



Do you have a quick question about BC Employment Law?
[04.13.07] New! Our Labour & Employment practice group is offering a helpful series of answers to the questions most often asked of them. This complimentary web-based service is sorted by topic and will be updated quarterly. Read the FAQ's now.



BC Radio Stations Interview Munn and Melliship
[3.29.07] Both CBC radio and CKNW radio interviewed lawyers from our Technology and Intellectual Property Practice Group about the 'registration' of a number of official marks such as 'Friend' by the Vancouver Organizing Committee for the 2010 Winter Olympics ('VANOC'), the Canadian Olympic Committee and two related organizations. Interviews with Neil Melliship and Larry Munn were broadcast on the noon news hours of each station.

Neil Melliship and Larry Munn are co-authors of the Canadian Trademark Blog.



Clark Wilson LLP Weclomes Barry Fraser
[03.23.07] Barry Fraser has joined the partnership of Clark Wilson LLP. He will Chair the firm's Business Litigation practice group. Prior to joining Clark Wilson LLP, he practiced for 26 years with McCarthy Tetrault's Vancouver office.

Mr. Fraser has a substantial practice focusing on commercial litigation, class action defence, product liability claims, insurance coverage and real estate disputes. He is recognized as a leading practitioner in the area of departed employee litigation and the protection of confidential information and trade secrets. Clark Wilson LLP is honoured to be the firm of choice for Mr. Fraser and for business in BC.



2007 Canadian Federal Budget - Highlights
[03.21.07] How will the tax provisions and changes in this year's Federal Budget impact businesses and business people? Bill Ruskin gives you the highlights in the latest issue of Taxable Learnings.



Government proposes substantial revisions to the B.C. Insurance Act
[03.07.07] The BC government has released a Discussion Paper respecting proposed revisions to that province’s Insurance Act. They have invited feedback from both the general public and the industry by May 2007. In the past two decades, changes to the BC Insurance Act have created fertile ground for a significant amount of litigation. Read more about this in the latest Clark Wilson LLP Insurance Bulletin.



Roy Nieuwenburg published in The Lawyers Weekly
[02.23.07] Roy Nieuwenburg's commentary on the issues in predicting the outcome of adjudication between owners and bidders was published in the Feb. 23 edition of The Lawyers Weekly. Roy is a senior partner in our firm. He is often asked to write for legal, real estate and construction industry publications.



Email Communication Tips - the Lawyer's Perspective
[02.07.07] Pat Williams and Veronica Franco offer quick, helpful tips to manoeuvre the landmines in electronic communication. Originally written for our Strata Property Practice Group newsletter, the tips are applicable to anyone who writes email in a professional capacity. We've received many requests for the tips and have republished them online for your use.



Bernard Pinsky featured in The Lawyers Weekly
[02.05.2007] Bernard Pinsky weighs in on the top trends for mergers and acquisitions in 2007 in the February 9 edition of The Lawyers Weekly. Mr. Pinsky is Chair of our Corporate Finance & Securities practice group.



January Issues of CW Newsletters
[01.26.07] New issues of the popular Securities Law Bulletin, Immigration Lines, Insurable Interest and the Full Court Press newsletters were published in January 2007. Clients and friends are welcome to read them online and sign up for a complimentary subscription.



Construction Management – a Command Performance
[01.19.07] Our Construction Law Practice Group is offering another presentation of their Construction Management seminar on January 26 in Vancouver (the first presentation in Nov. 2006 was sold out). Learn more about this project delivery method and the Canadian Construction Association standard form Construction Management Contract (CCA 5). Read further details.



Clark Wilson lawyer interviewed by Report on Business Television
[01.08.07] Nicole Byres gave a lengthy interview to CTV's Report on Business Television. She spoke about the implications of Suncor Energy Inc's $630 million lawsuit over business interruption damages to one of its operations in Fort MacMurray. Nicole is a partner with our business litigation practice group.



Clark Wilson LLP Welcomes Two Lawyers into the Partnership
[01.05.07] Nicole Byres and Larry Yen have been admitted to the partnership effective January 1, 2007. Both Nicole and Larry are known for their commitment to outstanding client service. They are exceptionally well respected by their colleagues here at the firm and within the business community. Congratulations!



Our Lawyers in the News
[12.14.06] Three of our lawyers have been featured in the media this week! Bill Ruskin was quoted in a Business in Vancouver (BIV) article on income trusts, Ross Tunnicliffe was featured in a BIV pull-out feature on philanthropy and Doug Lahay's commentary on conflict of interest issues in motor vehicle insurance appeared in The Lawyers Weekly.



Strata Corporations - What to do when Common Property is Altered
[12.11.06] Bonnie Elster's article 'Hot Tubs - Don't Let the Strata get Soaked' was published in the November 2006 edition of Canadian Property Management. The article discusses the legal implications for strata corporations when condo owners alter common property.



Fundraising for the Food Bank!
[12.08.06] Clark Wilson LLP's Commercial Real Estate Group supported the Urban Development Institute's sponsorship of the 20th Annual CBC Radio Food Bank Day. Donations to the Greater Vancouver Food Bank can be made via their website.



Tony Fogarassy quoted in Edmonton Journal
[12.05.06] Tony Fogarassy was quoted extensively in an Edmonton Journal article on the appointment of an officer to oversee aboriginal interests in pipeline developments. Tony chairs our Energy and Natural Resources group.



Ross Tunnicliffe Named One of the 'Best Lawyers in Canada'
[11.30.06] Ross Tunnicliffe, chair of our Tax and Estate Planning group has been named one of the Best Lawyers in Canada. The list is determined after an extensive peer-review process conducted by the National Post and Best Lawyers (an independant U.S. based company that lists the best lawyers in 54 categories across 10 provinces). Congratulations, Ross!



NAIOP Welcomes Brent Toderian
[11.24.06] On December 7, our Commercial Real Estate group will be one of the lead sponsors of the last NAIOP (National Association of Industrial and Office Properties) Vancouver breakfast seminar for the year. Brent Toderian, Director of Planning for the City of Vancouver will be the guest speaker.



Fogarassy on BC Offshore Drilling
[11.21.06] Tony Fogarassy was quoted in a Nov. 21 Vancouver Sun article regarding the status of British Columbia's offshore drilling plans. Tony chairs our Energy & Natural Resources practice group. He is often quoted in major media regarding issues in renewable and non-renewable energy developments.



Breaking News
[11.17.06] The Federal Court of Canada has released judgment on Dene Tha’ First Nation v. Canada. This judgment deals squarely with the question of when the Crown’s duty of consultation commences with Aboriginal peoples. The judgment has enormous implications for the Crown, both federal and provincial, and for energy and natural resource project proponents who rely on and require Crown authorizations to carry out their projects.

For a summary of the judgement, see the special edition of Energy Law Newsletter, published by Clark Wilson LLP’s Energy & Natural Resources practice group.



Could the Courts Seize your Hard Drive as Evidence?
[11.06.06] Pat Williams and Veronica Franco were featured in an October 31, 2006 Business in Vancouver article discussing the trend towards the seizure of hard drives and admissability of email as evidence in disputes. Their popular 'email ettiquette crib sheet' also appeared in the article.



Fogarassy to speak at Calgary Conference on Energy
[11.03.06] On November 21, 2006, Tony Fogarassy will present a paper on 'Aboriginal Interests in British Columbia Energy Developments'. Tony is the chair of our Energy and Natural Resources practice group.



Canada Effectively Halts New Income Trusts
[11.02.06] On October 31, 2006 the Government of Canada announced its Tax Fairness Plan to address the advantageous tax treatment that income trusts have received in Canada. The Plan applies to publicly traded income trusts and partnerships. How will it affect you? Read more in the latest edition of our Securites Law Bulletin.



Clark Wilson LLP Sponsors BCTIA's IMPACT Breakfast Series
[10.31.06] The BC Technology Industry Association's IMPACT breakfast series celebrates excellence and innovation in the provinces tech industry. On Nov. 2, MadDonald Detwiller & Associates and RIPE B2B Inc. will speak about their successes in applying technology to a winning product or service. Register for the event via the BCTIA website.



Nov. 17 Construction Management Seminar - sold out!
[10.25.06] Construction Management continues to be a hot industry topic. Our Construction practice group's Nov. 17 Construction Management seminar is full, but we will offer the seminar again in late January 2007 (exact date to be confirmed). Sign up for advance notification of the next seminar by emailing events@cwilson.com.



Hot Off the Press!
[10.13.06] New editions of our popular quarterly practice group newsletters are now available online. Clark Wilson LLP offers complimentary subscriptions to clients and other professionals interested in a quick update on the latest legal developments affecting their industries. Autumn 2006 issues: Securities Law Bulletin, STRATAgies, Legal Framework, Work Place Post, Your Estate Matters, Knowledge Bytes and Financing $tatements.



Hlus joins Gerson Lehrman Group Council's Top 20%
[10.05.06] Virgil Hlus has been welcomed into the Gerson Lehrman Group's (GLG) Scholars Program. Hlus joins fellow Clark Wilson LLP lawyers, Bernard Pinsky and Bill Ruskin as a Scholar who has been rated amongst the Top 20% of GLG council members for quality of interaction with fellow GLG clients.

GLG arranges educational interactions between leading industry experts and global business and investment leaders. Hlus educates fellow council members, most of whom are from the U.S., on mergers, acquisitions and securities law in Canada.



Breakfast Seminar - Construction Contracts
[10.02.06] Hannelie Stockenstrom and Samantha Ip from the firm's Construction practice group will address the Association of Professional Engineers and Geoscientists of BC (APEGBC) on October 10, 2006 in Vancouver. They will provide an overview of the types of contracts most commonly used in the construction industry, when to use them and how to supplement them so that they effectively cover all aspects of a construction project.



BCTIA IMPACT Breakfast Series
[09.26.06] Clark Wilson LLP's Technology and Intellectual Property practice group annually sponsors the BCTIA IMPACT breakfast series. The October 5th presentation features leading companies who have achieved 'Excellence in Product Innovation', including Verichip Inc., Paradigm Environmental Technologies, and VTech Telecommunications.



Nigel Kent Published in CJIL
[09.14.06] Nigel Kent's article entitled 'The CGL Policy and Additional Insured Endorsement in Canada' was featured in Vol 24 of the Canadian Journal of Insurance Law, released in September 2006. The article discusses issues that brokers, underwriters and insureds should consider when analyzing the wording of additional insured endorsements in liability policies.



BCRELinks featured in The Lawyers Weekly
[09.14.06] The Commercial Real Estate group's BCRELinks website is featured in the Sept. 15 edition of The Lawyers Weekly. BCRELinks is a web-based service that offers a comprehensive collection of relevant links, news and tools to build deals and stay on top of the BC real estate market. Site visitors say they appreciate having easy access to so many downloadable tools in one convenient place, and that they refer to the site often.



CW Lawyers to Speak at PAMA Seminar
[09.07.06] On September 13th, Pat Williams and Veronica Franco will speak to the Professional Association of Managing Agents (PAMA). The seminar topic is 'Legal Issues Regarding Email.'



New Associates join Clark Wilson LLP
[08.23.06] We're pleased to welcome new associates Lisa Hobman and Michal Jaworski to the firm. Lisa has joined our Commercial Real Estate Group. Michal, who articled with us and was called to the Bar in August, is working with our Higher Learning, Construction and Commercial Real Estate Groups.



Clark Wilson LLP Securities Group places high in PIPEs Scorecard
[08.22.06] Our Securities Group has been ranked 9th in North America in year-to-date measurements of number of placements advised as Issuer's Legal Counsel (and we're the only Canadian firm on the list). The list is generated by the PIPEs Report, which provides news, information and analysis of private investments in public equity.



Melliship, Munn and Monteith Launch Trademark Blog
[08.15.06] Neil Melliship, Larry Munn and Karen Monteith will collaborate on the recently launched Canadian Trademark Blog.

Neil Melliship is chair of Clark Wilson LLP's Technology and Intellectual Property group and a Registered Trademark Agent. He actively speaks and writes on trade-mark issues. Larry Munn is chair of the firm's Privacy Law group and a member of our Business Litigation group. His practice includes trademark and licensing issues, and complex trademark disputes. Karen Monteith is a registered Trademark Agent with our Technology and IP group. Her practice includes searching and clearing trademarks; drafting, filing and prosecuting trademark applications and initiating opposition and expungement proceedings.

For more information, please visit www.trademarkblog.ca.



Strata Property FAQs Updated
[08.15.06] The firm's Strata Property group has updated their popular collection of frequently asked questions for strata councils and property managers.



Clark Wilson Partner quoted in Business in Vancouver
[08.10.06] Virgil Hlus was quoted in the August 1-7, 2006 Business in Vancouver feature on executive compensation structures. Hlus is a partner with Clark Wilson LLP and a member of our Corporate Finance/Securities and Corporate Commercial practice groups.



Divorced dads' support payments must keep pace with pay
[07.31.06] Canadian Press / Ottawa — Divorced or separated dads who don't boost their child support to keep pace with their income could face hefty retroactive orders to pay up under a new Supreme Court of Canada judgment.

In a 7-0 ruling, the judges leave plenty of room for lower-court decisions to vary based on the facts of each case.

The issue arose when four Alberta fathers challenged the retroactive awards imposed on them. The court ordered two of them to pay up, while the other two were absolved.

The legal principles involved extend far beyond the four cases and could affect thousands of couples. Federal law sets guidelines that tie child support to ability to pay and number of children. But people often leave old jobs and take new ones as the years go by. Custody arrangements also change as children move back and forth between parents, so support payments often become outdated.

In practice, the onus has typically fallen on recipient spouses – usually the mothers – to go to court if they think they're owed more money. But they say they cannot do so if their ex-partners have not disclosed their new incomes.

To view the Supreme Court of Canada judgment, click here.



Holder, Nieuwenburg and Helgason Celebrate 25 Years
[07.13.06] Congratulations to Bill Holder, Roy Nieuwenburg and Bill Helgason. All three Clark Wilson partners recently celebrated the milestone achievement of 25 years at the bar.



New Secondary Market Civil Liability Arrives In Canada
[06.29.06] Issuers and their insiders can now be sued for misrepresentation by purchasers of shares in the market. Ontario is not the only province that will enact this type of legislation. The intent of the new legislation is not to provide a windfall for shareholders, but to encourage issuers to keep their public disclosure accurate and up to date. Issuers should re-evaluate their public disclosure practices and procedures. For more information, please see the full article, as published in the June edition of Clark Wilson LLP's Securities Law Bulletin.

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



Clark Wilson's Lawyer Training Program Highlighted in Lawyers Weekly
[06.20.06] In this week's issue of the Lawyers Weekly, Bonnie Elster (a member of the firm's Training Committee) comments on the firm's commitment to providing legal and business skills training for associates. The article includes several quotes and a great photo of Bonnie with associates Warren Brazier, Veronica Franco, Keri Grenier, Amy Mortimore and Adam Zasada.




Clark Wilson Sponsors Coast Athletic Assistance Program (CAAP)
[06.15.06] Clark Wilson was proud to be the dinner sponsor for the 4th annual Coast Hotels & Resorts Golf Classic. The tournament raised over $50,000 - all proceeds went to the Coast Athletic Assistance Program (CAAP) CAAP assists athletes currently training with one of Canada's National teams but who do not currently receive Sport Canada funding. It also aims to provide athletes with tools they will need to prepare themselves for the world after competition.



Congratulations, Danielle Leslie and Sarah Jones!
[05.29.06] Clark Wilson LLP congratulates Danielle Leslie and Sarah Jones on their call to the Bar of British Columbia, and welcomes them to the firm as associates.

Danielle is working with the firm's Litigation department, while Sarah has joined the firm's Business Law department.



Labour & Employment Law Update
[05.25.06] Clark Wilson's Labour & Employment group is holding a breakfast seminar on Wednesday, June 14th. The discussion will include topics that are 'repeat offenders' in the worlds in employers and Human Resources professionals: Employment Contracts, Managing Disability Claims, and Post-Employment Competition.

For more information, please see the seminar brochure.



The Case of the Priviledge Clause
[05.18.06] Hannelie Stockenstrom's article, The Case of the Priviledge Clause, appears in the May/June 2006 issue of Construction Canada. The article discusses a recent case where bid documents prevented an owner from awarding a contract on undisclosed criteria.



Clark Wilson LLP Welcomes Thea Koshman
[05.04.06] We are pleased to welcome Thea Koshman to Clark Wilson LLP as a member of the firm’s Corporate Finance / Securities Law Group.

Thea graduated with honours from York University in 1984 and received her LL.B. from Osgoode Hall Law School in 1987. Thea’s breadth of experience includes work as General Counsel and Vice President Legal for a public company, in-house counsel for a national food company and as a securities lawyer in boutique securities firms.

She has advised agents and underwriters as well as issuers on public and private offerings, capital pool companies, qualifying transactions, take-over bids, changes of business, amalgamations, reorganizations, reactivations and stock exchange listing applications.

Thea is a also a member of the Law Society of Alberta.



Clark Wilson LLP Among Leaders Filing SB-2 Registrations in 2005
[04.19.06] A recent report produced by SME Capital Markets ranks Clark Wilson LLP lawyers among the leaders in the number of SB-2 registration statements filed. SB-2 Registration Statements are used by issuers with no more than $25 million in revenues to register stock for trading in US stock markets and exchanges.

As noted in the SME report, a law firm's experience in this area can be a key advantage for companies undertaking an SB-2 registration: 'One of the most important decisions that (a business owner) can make is to retain an attorney who has SB-2 registration experience and a model to guide your team through the SB-2 registration process.' The report further adds, 'Attorneys that work in the SB-2 registration area understand how small business issuers use this securities regime and program to create value. Others outside of this niche dont seem to realize its importance.'

According to the report, lawyers at Clark Wilson LLP filed at least 16 SB-2 registration statements during 2005. The full report, Knowledge, Information and Solutions for the SME Capitalization Industry, is available for purchase on SME Capital's website, at www.smecapitalmarkets.net.

For additional information on Clark Wilson's Corporate Finance/Securities practice, contact Bernard Pinsky at bip@cwilson.com, or 604.643.3153.



Sustainable Construction and Real Estate Development
[04.03.06] Coming Friday, May 12th, the Clark Wilson Construction Law group is sponsoring a new seminar on Sustainable Construction. Session panelists will include four vital perspectives in the construction industry: contractors, engineers, architects and lawyers.

For more information, please see the seminar brochure.



Fogarassy to speak at Pacific Canada Oil & Gas Development Forum
[03.17.06] Tony Fogarassy, Chair of Clark Wilson LLP’s Energy Law Group, will speak at the upcoming Pacific Canada Oil & Gas Development Forum, being held April 26-27, 2006 in Vancouver. Tony will participate in a panel discussion with Dave Porter of the First Nations Summit, Dave Collyer, Vice President of Frontier at Shell Canada, and Mark Shrimpton of Jacques Whitford. Tony will discuss the role of First Nations in offshore project approval processes. Forum details and registration information are available on Insight Information's website at www.insightinfo.com.



Additional Topics Announced in Popular Construction Seminar Series
[03.06.06]

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] Jon Hodes of Clark Wilson LLP's Insurance Practice Group was 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. Jon was a co-counsel defending 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, he 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, 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...



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 real estate resource page, BCRELinks.com, was also recognized in a separate listing of 'Nifty Fifty' sites, which includes law firm web sites that 'go beyond the basics.' Buchdahl comments, 'Developed by the firm's commercial real estate group, the 'deal maker's toolbox' is one of the most clever and creative 'links' sites you'll find.'

A full listing of the Internet Marketing Attorney's awards and reviews are available at
www.InternetMarketingAttorney.com.



Clark, Wilson Sponsors Orcas in the City
[05.20.04] Clark, Wilson is a proud sponsor of the Orcas in the City program. Approximately 60 brightly painted, fibreglass orcas will be 'sited' throughout the city, and will remain on display for the next several months. The orcas will ultimately be auctioned off, with all proceeds benefitting BC families through the BC Lions Society's Easter Seal Operations and the Canucks for Kids Fund.

Our orca, titled 'Orca Home' by artist Stephanie Hill, is installed on the patio outside the Crowne Plaza Hotel Georgia (on West Georgia between Hornby and Howe Streets). Stephanie's vibrant painting includes many different types of sea life native to BC, and also provides information about local orca populations and habits.

Picture Links: