Practice
Corporate and Commercial Law
We routinely provide a wide variety of commercial law advice to clients. Work in this area includes:
- structuring of all forms of business ventures, including corporations, partnerships, joint ventures and trusts
- mergers and acquisitions (buying and selling businesses)
- negotiating and drafting commercial transactions and contracts
Natural Resource Management & Development
We represent clients engaged in the forestry, energy, mining, fisheries and other resource sectors. Our work in this area includes:
- providing advice on government regulation and rights to resources (such as forest licences and mineral tenures)
- negotiation and drafting of commercial agreements such as mineral royalty agreements, mineral offtake and streaming agreements, forestry management agreements, log purchase agreements, fibre supply agreements and electricity purchase agreements
- environmental assessment and other review work
We are experienced in representing clients in all phases of the development of resource based projects – from initial structuring to financing to negotiation with regulators to operations. We have a number of large industrial clients that look to us for most of their legal needs. We also routinely act as agent counsel for out of jurisdiction law firms to assist with due diligence on resource projects in British Columbia or Canada.
First Nations Economic Development & Aboriginal Law
A core area of our commercial practice is First Nations economic development. Our clients include:
- Aboriginal groups, including treaty First Nations, Indian Act bands and tribal councils
- First Nations economic development arms
- joint ventures and partnerships between First Nations and industry
- not-for-profits and government organizations focused on First Nations representation and governance.
We have assisted in the development of impact benefit agreements (IBAs) and similar agreements between First Nations and industry in the mining, energy, oil and gas and forestry industries. Our lawyers have particular experience with the development of joint ventures and partnerships between First Nations and industry.
In addition to representing First Nations, we also represent responsible and progressive members of industry and government in respect of Aboriginal law matters. This includes the negotiation of access agreements, memoranda of understanding, consultation protocols and IBAs with First Nations in whose traditional territories activities are occurring, and due diligence with respect to First Nations issues.
Environmental Law
Environmental law has an impact on the business operations of many of our clients. We have assisted clients in navigating the environmental assessment and other regulatory and permitting processes. We are also experienced helping clients respond to the regulatory and liability issues relating to contaminated sites.
Jim has worked in the field of environmental law for over 20 years and is been recognized as a leading practitioner in the area of environmental law by a number of publications. He is also a founding member of the Canadian Centre of Environmental Arbitration and Mediation, and has been involved in a number of environmental mediations.
Energy and Climate Change
Our lawyers have a wide array of experience in this area, including:
- acting for developers of clean biomass gasification, tidal energy, run of river hydro, cogeneration, building energy management software, carbon capture and storage and other technologies that help reduce emissions and promote the efficient use of energy
- negotiating agreements for energy projects, including electricity purchase agreements, fuel and fibre supply agreements, land tenure, agreements with First Nations, construction contracts and management agreements
- advising on regulation and pending regulatory amendments relating to emissions and trading of carbon dioxide and carbon dioxide equivalents
- preparing submissions to the United Nations regarding climate change policy
- acting for purchasers and sellers regarding the acquisition of carbon credits in voluntary markets;
- advising remote communities on the implementation of fuel switch programs;
- assisting in the development of forest carbon sequestration projects with credits to be sold into voluntary markets
- advising remote communities on the implementation of fuel switch programs
- negotiating and advising on issues relating to fibre and biomass supply agreements for alternative energy production
- advising large final emitters on emission reduction technology
Our lawyers have also presented on climate change issues to groups such as the University of Toronto, Insight, the Canadian Bar Association, the Landfill Gas Association, the Canadian Corporate Council, the British Columbia Business Council and a number of client groups.
Securities
Our lawyers have advised private and public companies on a range of securities and corporate law related issues. Areas of securities law on which our lawyers have provided advice include:
- Financing: Providing securities and corporate finance advice on and conducting due diligence for domestic, cross-border and international offerings (equity and debt) to issuers and underwriters, including negotiating and drafting documents such offering memoranda, prospectuses, underwriting agreements, warrant indentures
- Corporate Governance: Aadvising issuers, boards of directors and their committees in the context of their day-to-day operations, transactions, board investigations and special committee work.
- Mergers and Acquisitions: Advising clients on acquisitions, reorganizations and restructurings including business combinations and arrangements as well as in contested and friendly take-over bids in domestic, international and cross-border contexts.
- Regulatory Compliance: Advising management and shareholders on compliance with continuous disclosure requirements including: annual and quarterly filings, equity compensation, shareholders rights plans, early warning reports, NI 43-101 requirements, material change reports, related party transactions, insider reporting, exchange reporting and securities compliance issues relating to operating in the Canadian public and private securities markets.
Commercial Real Estate and Leasing
Our real estate department provides advice to clients on such real-estate related matters as:
- conveyancing and mortgages
- leasing (for landlords and tenants)
- real estate syndication
- restrictive covenants, easements, rights of way and other interests in land
- remediation of contaminated sites
Residential Conveyancing
Jen Yong of our office acts for purchasers, vendors and lenders in residential real estate transactions. She takes pride in providing the firm's residential conveyancing clients with prompt, efficient and personal advice at a reasonable price.
Financial Services
Our lawyers are experienced with issues relating to lending and debt financing. They have acted for both lenders and borrowers on a number of matters in this area, including providing due diligence advice to lenders in respect of natural resource and infrastructure projects. We also provide advice to financial institutions and others on regulatory compliance issues.
Intellectual Property/Information Technology
We assist clients in a range of intellectual property and information technology areas, including development services agreements, collaboration agreements, website terms of use, open source software compliance, partnering transactions, in- and out-licensing of technology and commercialization agreements.
Private Equity and Venture Capital
Our lawyers are involved in seed round, angel, private equity as well as venture capital financings, assisting in all matters from due diligence to the negotiation of investment agreements and related documentation, including shareholder agreements.
Media and Software
Some of our clients are innovators in the media software space, developing mobile application platforms, next generation video games and interactive digital book applications. We assist in structuring and financing these companies, as well as throughout their development and commercialization stages to M&A transactions.
Entertainment
We provide services to a range of clients in the entertainment field, from producers of thoughtful content to location agencies to service providers. We assist with funding and financing agreements, broadcast and distribution agreements, content and cast agreements, as well as errors and omissions insurance matters.
Privacy and Access to Information
We advise our clients on the multiple facets of privacy regulation, including drafting privacy policies and procedures, advising on compliance in the physical and online environments, cross-border issues, as well as M&A aspects of privacy. We also assist clients in making and responding to access to information requests.
Corporate Social Responsibility and Sustainability
We offer our advice and services to clients on the legal and social imperatives related to sustainability and corporate social responsibility issues.