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Episode 18:

The Essentials: Builders Liens in BC

October 28, 2021

Members of our Infrastructure, Construction & Procurement group, Satinder Sidhu, Scott Lamb and Rosalie Clark, presented a webinar yesterday explaining how a solid understanding of BC’s builders’ lien legislation is critical for any construction professional in BC. They took the attendees through the following essential aspects of the legislation as well as answered many lien questions. Their objective was to build on the attendees’ understanding of the workings of a lien claim in the event that payment issues arise on their project.

1. Time Limits for Filing a Lien: Certification, completion, abandonment and termination explained
2. Lienable Lands: What does in relation to an improvement mean?
3. Quantum of Liens: What constitutes the price of the work?
4. Discharge of Liens: How to prepare for timely discharge?
5. The Holdback and Liens Against the Holdback: What will come of the Shimco Lien?
6. Priorities Between Lien Claimants and other Creditors: Considerations upon insolvency
7. Reforms: Prompt payment and interim adjudication

• Click here for the video webcast.
• Click here for the Powerpoint slides

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Episode 17:

COVID Issues in the Workplace: Hot Topics and Q&A

September 23, 2021

Members of our Labour & Employment group, Andrea Raso and Catherine Repel, presented a webinar earlier today on COVID Issues in the Workplace and provided attendees with an overview of the most current issues facing employers as well as having quite a bit of time for a Q&A discussion.

Workplace issues continue to evolve with the COVID-19 pandemic and many employers have questions about how to navigate these murky and uncertain circumstances. There are various legal issues to consider as well as practical considerations.

• Click here for the video webcast.
• Click here for the Powerpoint slides

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Episode 16:

Defamation, Termination and Accommodation: A Breakdown of Workplace Issues for Employers

May 12, 2021

Our Labour & Employment group – Andrea Raso, Anne Amos-Stewart and Debbie Preston – along with guest speaker, Brendan Morley, of our Business Litigation group recently hosted a webinar where they explored the key challenges facing today’s innovative businesses and their unique work environments. At this webinar, they provided in-depth insights and practical guidance on:

• Ex-Employees and Social Media: Dealing with Defamation – Brendan Morley
• Trials and Tribulations of Terminations:  What to Do and Not Do When Ending Employment – Anne Amos-Stewart
• Employee “Accommodation”:  What Is It and How Does It Work? – Andrea Raso & Debbie Preston

• Click here for the video webcast.
• Click here for the Powerpoint slides

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Episode 15:

The Modernization of Canadian Privacy Law: Where Are We Heading?

May 5, 2021

Did you know that Canadian companies have more control over how they handle their personal information? Individuals and organizations, both large and small, are increasingly faced with challenging issues in the area of privacy and information handling. Bill C-11, the Digital Charter Implementation Act, 2020, seeks to modernize Canadian privacy legislation through the introduction of the Consumer Privacy Protection Act (“CPPA”).

Scott Lamb and Jeff Holowaychuk (Clark Wilson, British Columbia), and Marc Yu and Richard Stobbe (Field Law, Alberta) recently hosted a webinar that discussed the proposed changes to the federal privacy legislation and what organizations and businesses can do to adapt. This interprovincial webinar covered:

• How does the CPPA compare with the existing Personal Information Protection and Electronic Documents Act?
• What new privacy “rights” have been granted to individuals, and what does this mean for organizations?
• How will the CPPA affect organizations employing emerging technologies such as automated decision-making?
• What new regulatory powers will be used to enforce the CPPA, and what are the risks of non-compliance?
• What is the status of reform of provincial privacy legislation in British Columbia and Alberta?

• Click here for the video webcast.
• Click here for the Powerpoint slides

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Episode 14:

Employment Law: What Charities & Not-For-Profits Need to Know

April 8, 2021

Charities and Not-For-Profits are employers and may have volunteers, so ought to be aware of the responsibilities, duties and risks that accompany these relationships. The current pandemic has imposed another layer of complexity on the relationship that must be carefully maneuvered. Clark Wilson’s Employment & Labour group lawyers provided important information on these topics.

• Employees, contractors, and volunteers: obligations and mitigating risks (Catherine Repel)
• Human rights, diversity, and inclusion: requirements and best practices (Anne Amos-Stewart)
• Workplace safety and COVID-19: tips, tricks and tough questions (Debbie Preston)

• Click here for the video webcast.
• Click here for the Powerpoint slides

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Episode 13:

Blizzard Warning: A Primer on the Basics of Employment and Immigration Laws in Canada

February 25, 2021

Our Employment & Labour group – Andrea Raso, Anne Amos-Stewart, Catherine Repel and Debbie Preston – and our Immigration Consultants, John Soden and Pu Zhang recently recorded a webinar that was crafted to cover some of the key aspects of Canadian employment law. Canadian employment law affords a great deal of protection to employees and non-Canadian employers are often unaware of significant potential liabilities and how to minimize them.

In this webinar, we provided information on the following topics that employers should be aware of:

• Applicable legislation and jurisdiction
• Entitlements on termination and leaves of absence
• Human rights
• Workers compensation
• Immigration issues and considerations

This webinar is presented by our Employment & Labour group – Andrea Raso, Anne Amos-Stewart, Catherine Repel and Debbie Preston – and our Immigration Consultants, John Soden and Pu Zhang.

• Click here for the Powerpoint slides
• Click here for the video webcast.

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Episode 12:

Navigating Construction Disputes: Key Considerations for Your Project

November 25, 2020

Our Infrastructure, Construction and Procurement Group recently hosted a webinar that was crafted to assist construction professionals navigate disputes during these unprecedented times. The webinar focused on a number of topics that require regular consideration on most construction projects including:

1. Construction Delays: A primer on notice and what can be claimed as damages for construction delays (Scott Lamb & Michael Larsen)
2. Liens, CPLs and Other Charges: An analysis of liens, CPLs and other charges – how to register, remove and manage these charges (Anna Sekunova)
3. Bond Basics: An overview of performance bonds and labour and material payment bonds, including benefits and potential pitfalls to be aware of (Rosalie Clark)
4. Dispute Resolution Options for Construction Projects: An examination of dispute resolution processes under CCDC contracts and other dispute resolution options (Satinder Sidhu)

• Click here for the Powerpoint slides
• Click here for the video webcast.

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Episode 11:

The Pandemic, Peeping Toms and Poisonous Workplaces: Current Issues in Employment and Labour Law

November 5, 2020

The workplace is an essential part of everyone’s livelihood. Ensuring that where we work is fair and productive is essential to our collective success. In recognition of this need, we combine the tenacity and pragmatism of a boutique with the efficiency and knowledge of a large firm to help our clients create and lead healthy workplaces.

In this webinar, our Labour & Employment Group, which includes Andrea Raso, Anne Amos-Stewart, Catherine Repel and Debbie Preston, explored the key challenges facing today’s innovative businesses and their unique work environments and provided in-depth insights and practical guidance on:

1. COVID-19 Pandemic: A Retrospective and Prospective Look at Employment Issues
   • What can employers do better if there is a next wave?
   • What changes to employment law did you miss during lock down?
2. Technology and Surveillance
   • What are the limitations for employers in monitoring productivity and technology use?
   • What are the limitations for the employees, i.e. recording meetings with management?
3. Avoiding “Toxic” Workplaces
   • With “toxic” workplaces being front and centre in the media, what are best practices to avoid this
     label?

• Click here for the Powerpoint slides
• Click here for the video webcast.

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Episode 10:

Cybersecurity: What Charities and Not-For-Profits Need to Know

November 4, 2020

In light of a recent breach of fundraising software used by those in the charitable sector, Raman Johal and Areet Kaila of our Charities & Not-For-Profit Group, hosted Andrew Plummer of PwC Canada and Monica Sharma to discuss the impacts of cybersecurity and privacy breaches.

Some of the key topics covered include:

1. Cyber threats: what types of threats exist, what they mean to your organization, and how to help prepare you for a cyber-attack.

1. Privacy and cybersecurity risks and repercussions: an overview of the legal framework for privacy and cybersecurity in Canada, penalties for breaches, and how to protect your organization’s reputation through best practices.

• Click here for the Powerpoint slides
• Click here for the video webcast.

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Episode 9:

Business Dispute Fundamentals and Avoidance Strategies

September 16, 2020

When working with their clients, accountants and other financial services professionals are often uniquely positioned to spot potential business disputes before they erupt and can provide helpful early advice to their clients to avoid the vagaries and costs of litigation.

This webinar focused on the origins of the most common types of business disputes and strategies to avoid them – from the perspective of experienced commercial litigators.

Topics included:

• shareholder agreements,
• real property transactions,
• financial controls and record keeping,
• employment agreements, and
• alternate dispute resolution procedures.

• Click here for the Powerpoint slides
• Click here for the video webcast.

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Episode 8:

Changing World, Changing Tech: Quick Technology Law Tips

July 21, 2020

In this practical, one-hour session directed towards the private sector, learn about these topics:

• Contracting for Technology Solutions in a Rush
• Adopting Remote Working Tools for your Business’ New Normal
• Tips to Protect Licensees from Uncertain Licensors
• Surveillance of Employees

This webinar was hosted by Clark Wilson’s Information Technology and Intellectual Property groups. The presenters were Monica Sharma, Jeff Holowaychuk, Zakhir Nathoo and Catherine Repel. The moderator was Athar Malik.

• Click here for the Powerpoint slides
• Click here for the video webcast.

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Episode 7:

COVID-19: Impacts on Construction Projects in BC

June 25, 2020

The construction industry in BC is doing its part to combat COVID-19 by adapting its practices to minimize the risk of transmission, while providing much needed economic support for the province. A number of legal issues have arisen for contracting parties as a result of these changes.

Our Infrastructure, Construction & Procurement group lawyers recently hosted a webinar to consider the new regime under which construction projects are permitted to operate and provide guidance in relation to the following key topics:

1. Guidelines and Best Practices for the Operation of Construction Sites – Satinder Sidhu
2. Delay Claims and COVID-19 in Construction Contracts – Scott Lamb
3. Insurance Considerations – Samantha Ip and Erin Barnes
4. Builders Lien in COVID-19 Times – Anna Sekunova

 Click here for the video webcast.

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Episode 6:

Complex Employment Issues as Businesses Re-Open After COVID-19 Isolation

May 5, 2020

As businesses begin to re-open, Andrea Raso, Chair of our Employment & Labour Group, answers pressing questions about the confines of personal boundaries vs. the health and safety of the overall workplace. Topics covered include:

1. Can employers enact mandatory health procedures amongst employees? (ie. temperature checks, compulsory face masks and gloves etc.)
2. If an employee has underlying health conditions or feels uncomfortable returning to work, are they obligated? Could this be grounds to terminate the employee if they refuse?
3. Will employees be required to disclose if they or someone they live with, are showing symptoms of the virus?
4. If an employee is diagnosed with COVID-19, are employers required to notify other staff members?
5. As employees are asked to take precautionary measures to stay home if they feel slightly symptomatic, are they required to use sick days/vacation days or should the employer be responsible for coverage?

 Click here for the video webcast.

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Episode 5:

Indigenous Governments Providing Essential Services During the COVID-19 Pandemic

April 27, 2020

Michael McDonald, QC, Chair of our Indigenous Law Group, and Saul Joseph discuss how Indigenous Nation communities have been affected by COVID-19. Some of the topics covered include:

1. What are Indigenous Governments doing to help prevent the spread of COVID-19 amongst their community?
2. How do Indigenous Nations maintain their services (Ex. health, housing, education etc.) while ensuring the health and safety of their membership?
3. How Clark Wilson’s Indigenous Law Group is providing support to First Nations communities.

 Click here for the video webcast.

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Episode 4:

Guidance for Construction Sites Operating During COVID-19

April 21, 2020

Satinder Sidhu, Co-Chair of our Infrastructure, Construction & Procurement Group, addresses how COVID-19 has impacted the construction industry. A few of the topics covered include:

1. The new mandatory health and safety measures on construction sites.
2. What happens if there is an outbreak on site?
3. The type of liability a developer may face if there is an outbreak.

 Click here for the video webcast.

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Episode 3:

Commercial Leasing Issues and COVID-19

April 15, 2020

William Holder is a senior litigation lawyer and mediator who has a deep understanding of commercial leasing, commercial real estate and business litigation. Here are a few topics that William covers in this podcast and webcast:

1. Is there any basis under which a tenant can avoid rent payment?
2. What options does a landlord or tenant have when looking at deferral of rent arrangement?
3. Can a landlord proceed with legal remedies if a tenant doesn’t pay its rent?
4. What steps should a landlord and tenant take if the leased premises are being closed?

 Click here for the video webcast.

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Episode 2:

Contract Performance Issues in the Context of COVID-19

April 14, 2020

Anna Sekunova and Brent Meckling, Co-Chairs of our Business Litigation Group, address difficult questions surrounding the performance of contracts that many companies are currently facing due to COVID-19. Some of the topics covered include:

1. What is “force majeure” and how does it work?
2. With courts essentially closed, how can parties resolve disputes?
3. If parties agree to adjust or postpone contractual obligations, how do you ensure this is confirmed or documented?

 Click here for the video webcast.

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GVBoT | Business Resiliency Series: Commercial Leasing – Navigating COVID-19

April 14, 2020

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GVBoT | Business Resiliency Series: Contract Performance – Navigating COVID-19

April 6, 2020

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Episode 1:

COVID-19 Employment Concerns for Businesses

April 1, 2020

Andrea Raso, Chair of our Employment & Labour Group, answers some of the most pressing questions and concerns businesses may have during the COVID-19 pandemic. Some of the topics covered include:

1. What are the rules around temporary layoffs?
2. Can an employee claim any other severance?
3. As an employer, what are my obligations when terminating a large group of employees?
4. What role does the BC Government play, and will they provide any assistance to businesses?

 Click here for the video webcast.

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