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Any of the following articles should not be interpreted as providing legal advice. Consult your legal adviser before acting on any of the information contained within them. Questions, Comments, and Suggestions are all appreciated and should be directed to rbs@rbs.ca.

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The Law on Settlement Anything but Settled, April 2010 An Alberta Court of Appeal decision regarding the applicability of "settlement" exclusions..
Negotiating a Software License Agreement from the Licensee's Perspective, April 2010 Software plays an increasingly critical role in business. The selection and maintenance of the appropriate software is an essential means of operating a seamless and efficient organisation..
Can you Exclude All Claims in Construction Tendering: Tercon (SCC), May 2010 The Supreme Court of Canada has delivered its judgment in the controversial case of Tercon Contractors Ltd. v. British Columbia (Transportation and Highways).
A Mining Issuer's Guide to the Galaxy: Four Roads to the TSX Venture Exchange, Spring 2010 by Sharon White and Chris Lennon
Employment Law Newsletter, March 2010 - Duties Owed by Departing Employees: In today's business climate, employers are downsizing their workforces and losing good people who they simply can't afford to retain.
Employment Law Newsletter, February 2010 - Never Forget the Basics: Take care when reimbursing an insured that has already paid for a third party's loss.
Employment Law Newsletter, January 2010 - Retirement Age: As of January 1, 2008 "mandatory retirement" is no longer alive and well in B.C.
Working with Facebook in personal injury actions by Nicole Mangan - This article originally appeared in the Dec 18, 2009 issue of the Lawyers Weekly published by LexisNexis Canada Inc.
MlABC ANNUAL LEGAL REPORT - 2009: Annual General Meeting - by Brenda Lightbody and Mark Baron of Richards Buell Sutton LLP [with the helpful assistance of Michael Shane of Richards Buell Sutton LLP] LEGISLATIVE UPDATE ...
Insurance Law Newsletter, December 2009 - Home Court Advantage?: From the bankruptcy proceedings for soft wood manufacturer Pope & Talbot Ltd. ("P&T") has come a detailed review of jurisdiction law for British Columbia insurance matters.
Insurance Law Newsletter, October 2009 - BCCA Rules on Disclosure of Privileged Documents: Civil trials never lack for surprise.
Insurance Law Newsletter, August 2009 - Chinese Drywall: The Next Wave of Claims?: Just when the peak of “leaky building” claims has worked its way through the legal system, now comes word that the next wave may be coming in the form of toxic Chinese drywall.
Intellectual Property Newsletter, June 2009 - Outsourcing of Software Development by Canadian Companies to Off shore Jurisdictions: In today’s global economy, the outsourcing of software development work to off shore jurisdictions is a strategic tool that can provide a competitive advantage for many Canadian companies.
Insurance Law Newsletter, June 2009 - B.C. Court Chastises Insurer for Unauthorized Disclosure of Jurors’ Claims Histories: The case of Norsworthy v. Greene involved a claim for bodily injury arising from a motor vehicle accident.
Legal Risk Audit, May 27, 2009 by Michael A. Kale - In today’s rapidly changing world, successful businesses need to develop and implement sound risk management practices to enable them to optimize future opportunity, minimize risk and drive performance.
Insurance Law Newsletter, April 2009 - Commercial Host’s Duty of Care Clarified by BCCA, April 2009: The British Columbia Court of Appeal has again addressed the liability of commercial hosts who serve alcohol when someone is injured by an intoxicated patron.
Insurance Law Newsletter, March 2009 - BCCA Rules on General Contractor’s Entitlement to Coverage Under CGL Insurance Policies: In the long awaited case of Progressive Homes Ltd. v. Lombard General Insurance Co., 2009 BCCA 129, the British Columbia Court of Appeal has, in a split decision, ruled that claims in an underlying tort action against a general contractor do not warrant insurance coverage because of the breadth of defects alleged in the pleadings.
Tips on outsourcing software development, April 17, 2009 by Sze-Mei Yeung and Jeff Lowe - This article originally appeared in the April 17, 2009, issue of The Lawyers Weekly published by LexisNexis Canada Inc.
Insurance Law Newsletter, April 2009 - Commercial Host’s Duty of Care Clarified by BCCA: The British Columbia Court of Appeal has again addressed the liability of commercial hosts who serve alcohol when someone is injured by an intoxicated patron.
"The fly in the water bottle - How Mustapha modifies the 'thin skull' rule" - This article originally appeared in the Sept 5, 2008, issue of The Lawyers Weekly published by LexisNexis Canada Inc.
Insurance Law Newsletter, March 2009 - BCCA Rules on General Contractor’s Entitlement to Coverage Under CGL Insurance Policies: In the long awaited case of Progressive Homes Ltd. v. Lombard General Insurance Co., 2009 BCCA 129, the British Columbia Court of Appeal has, in a split decision, ruled that claims in an underlying tort action against a general contractor do not warrant insurance coverage...
Employment Law Newsletter, March 2009 - Employment Insurance Work Share Program: The Employment Insurance Work Share Program (the “Program”) was created to assist employers during the recession in the 1980’s. Although in existence for 25 years, it is not well known and is therefore little used by employers to manage their workforce during difficult times...
Employment Law Newsletter, October 2008 - Employees Beware: Refusing an Offer to Return to Work for Your Former Employer May Constitute a Failure to Mitigate.: It doesn’t happen very often so when the Supreme Court of Canada releases a decision on employment law, all employers and employees should sit up and take notice...
The Lawyers Weekly, March 2008 - Businesses Feel the Heat from Global Warming: There may be no end in sight to the debate over global warming, but that doesn’t prevent it from casting a long legal shadow over Canadian businesses. - This article originally appeared in the March 7, 2008, issue of The Lawyers Weekly published by LexisNexis Canada Inc.
Employment Law Newsletter, February 2008 - The New Age of Retirement: The British Columbia Human Rights Code (the "Code") prevents discrimination on multiple grounds in the workplace. ... The limitation on the protections against age discrimination and the additional protections in the Code permitted mandatory retirement policies. As of January 1, 2008, however the provisions were changed. ...
Alter-Ego Trusts: Effective Will Substitutes: Alter ego trusts make it easier for individuals over the age of 65 to use an inter vivos trust as an alternative to a Will. Canadians have traditionally used a Will to distribute assets owned a...
Testamentary Trusts: A testamentary trust is set up through your Will, or as an Insurance Declaration. Of course, every situation is different, and much planning depends upon a person's unique circumstances. Howev...
Why Not Stay?: The obligation of a person having charge, care or control of a vehicle to stop and stay at the scene of an accident was recently reviewed by the British Columbia Court of Appeal. The issue was whe...
Estate Planning For Non-Residents Storing Gold and Other Precious Metals in Canada: Objective: For a non-resident ("NR") of Canada who holds precious metals, it can make a great deal of sense to store some of these assets in Canada. One of the principles of w...
B.C. Privacy Commissioner's Draft Guidelines for Employers: The Office of the Information and Privacy Commissioner is seeking public comments on draft employment privacy guidelines. The Personal Information Protection Act ("PIPA") regulates the coll...