Taylor McCaffrey LLP

Taylor McCaffrey LLP is very pleased to congratulate Jamie Jurczak, Marc Marion and Donn Pirie on their admission to partnership. Each exemplifies the Taylor Difference through their proven responsiveness, professional commitment and valued experience in their preferred areas of practice.

As a member of Taylor McCaffrey’s respected labour and employment team, Jamie Jurczak is a litigator focused on occupational health and safety law (OHS). Jamie is a frequent presenter at conferences and seminars on a wide variety of topics relevant to OHS liability and due diligence, as well as human rights in relation to safety issues. Jamie has extensive experience with all aspects of labour and employment law, including addressing administrative appeals of regulatory orders, and performing regulatory compliance reviews and audits.

Marc Marion has been a valued part of Taylor McCaffrey’s taxation practice area since 2004, and is fluent in English, French and Italian. Marc is experienced in advising owner-operator businesses on corporate and commercial tax planning and restructuring. Other areas of experience include trust law, succession and estate planning, helping resolve tax disputes, and assisting charities and non-profit organizations. Marc sits on a variety of community boards, and is a sessional lecturer at the Faculty of Law, University of Manitoba.

Focused on corporate and commercial law, Donn Pirie has been a member of Taylor McCaffrey’s business law practice since 2002. Donn has considerable experience in the mineral resources industry, advising re: private and public offerings; as well as corporate governance and compliance matters. As the Vice President of Volunteer Manitoba and the Past President of the Kidney Foundation of Canada (Manitoba Branch), Donn is also well-versed in non-profit corporate affairs.

A recent decision of the Manitoba Court of Appeal reversed a decision of the trial court which had created a potential liability for MTS of over 100 million dollars. The case was about the defined benefit pension plan which had been under the Civil Service Superannuation Act until MTS was privatized as a publicly traded corporation in 1997. The appellate court accepted the arguments advanced by Kevin Williams on behalf of the Taylor McCaffrey team. The Court concluded that once paid into a continuing defined benefit pension plan there was no ownership of the funds, and therefore no entitlement to a judgment. The case raised a number of complex issues of pension law and statutory and contract interpretation, and the arguments advanced by Kevin Williams were accepted throughout a unanimous 80 page decision. If you have any questions about this case or would like more information, please contact Kevin Williams.

Several of the firm's lawyers contributed to the Manitoba Bar Association's 2012 Mid-Winter Conference: Patricia Lane spoke on the topic of "Innovative Strategies for Effective Communication" and Tim Kurbis presented on the topic of "Shareholders' Agreements for Owner-Managed Enterprise". Lawrence Pinsky moderated the "Ketch Up with Franks" session. Elona McGifford served on the 2012 Mid-Winter Organizing Committee.

S.M. 2008, c. 30, The Business Practices Amendment Act, came into force on 1 January. A supplier of a motor vehicle must give the consumer certain information about the vehicle and its history, including whether it has been declared a lemon in another jurisdiction

The Labour and Employment Practice Group presents the December, 2011 edition of TM@Work. It addresses the emerging human rights issue of family status discrimination, as well as special accommodation requirements for pregnant and nursing employees. A special January edition will focus on changes to The Employment Standards Code which are effective 1 January, 2012.

S.M. 2011, c. 33, The Real Property Amendment Act, s. 3(2), 4-6, 8, 11, 15-17, 20-23, 30, 35-43, 45, 47-52, came into force on 5 December. This Act has a significant impact on real estate practice, as described in this news release from the Province of Manitoba.

Tim Kurbis conducted a presentation and briefing at the annual business conference for the Independent Pharmacy industry hosted by Procurity Inc., in Phoenix, AZ. The topic for the presentation was "Employer-Employee Workplace Policies - Achieving Effectiveness and Compliance".

S.M. 2011, c. 30, The Condominium Act and Amendments Respecting Condominium Conversions, Schedule B, s. 2-5, 7-10, Schedule C-E, came into force on 7 November. In addition to addressing requisite municipal approvals, this Act provides additional protection for the occupancy rights of tenants when a residential complex is converted into a condominium property.

John Myers was a recent presenter at the State Capital Law Group conference in Washington, D.C. His panel session, Internet and Branding: Protecting Your Trademarks and Managing Your Client’s Brand Presence Online, featured a discussion of issues related to trademark and copyright infringement of brand names, including Google’s AdWords programme.

The Fall edition of TM@Work, produced by our Labour & Employment Practice Group, has a focus on post employment obligations, including confidentiality and restrictive covenants.

Patricia Lane has been elected to the Board of the American National Conference of Women Bar Associations, an organization that represents more than 35,000 women lawyers in North America

Solange Buissé and Elona McGifford are the new chairs for the Wills, Estates, Trusts and Elder Law practice group. They take over from Cynthia Hiebert-Simkin who is stepping down after 4 years in the position

Based on legal expertise, service excellence, client base, notable mandates and regional service coverage, Taylor McCaffrey LLP has been ranked as one of the top ten law firms on the prairies. An excerpt from Canadian Lawyer, October, 2011 explains the rankings and summarizes our firm.

Sharon Cartmill-Lane and Jamie Alyce Jurczak were presenters at the 8th Annual Canadian Association of Counsel to Employers (CACE) Conference held in Niagara Falls, ON. Sharon provided an update on recent noteworthy cases decided in the prairie provinces as part of the "Cross Canada Employment Law Check-Up", and Jamie chaired an occupational health and safety panel entitled "Work Refusal Rights and Reprisal Prohibitions".

Tim Kurbis has been elected to the Board of Directors of the Canadian Centre for Child Protection.

S.M. 2010, c. 11, The Civil Remedies Against Organized Crime Act, came into force on 15 September. This Act sets out the powers of the newly created position of director with the responsibility to bring applications under the Act.

Jamie Alyce Jurczak is quoted in the 12 September issue of the Canadian HR Reporter in the article, "Manitoba Gets Tougher On Risk of Violence at Work", commenting on the recent amendments to the regulations dealing with workplace violence prevention. Our Occupational Health and Safety Practice Group has issued a special edition of TM@Work to explain the significant changes brought about by the revised legislation.

S.M. 2010, c. 52, The Highway Traffic Amendment and Drivers and Vehicles Amendment Act, came into force on 15 August. Among several other changes, this Act introduces a tiered system of suspensions and disqualifications for repeat offenders of the impaired driving laws. This will also apply to anyone who operates a watercraft, an aircraft or railway equipment under the influence of alcohol or drugs.

Jamie Alyce Jurczak is quoted in the article, "Sticks and Stones May Break Bones, But Words Can Break Your Workplace", published on the Manitoba Chamber of Commerce website, The article addresses harassment and violence issues in the workplace.

The Workplace Safety and Health Act Regulations dealing with violence prevention were amended at the beginning of July and will come into force 31 August, 2011. Workplace violence policies will have to be amended to comply with the revised legislation by the end of August. Our Occupational Health and Safety Practice Group has issued a special edition of TM@Work to explain the significant changes brought about by the revised legislation.

Tim Kurbis has been appointed to the Court of Ajudiction for the Evangelical Lutheran Church in Canada.

Congratulations to Preston Mandamin and Chad Penner on their Call to the Bar. Preston will practice in the areas of commercial law, property development and real estate and Chad will practice in commercial and civil litigation.

We are very proud to honour J.F. Reeh Taylor on the anniversary of his 60^th year at the Bar. In addition to being a Life Bencher of the Law Society of Manitoba, Reeh is also the recipient of the Distinguished Service Award from the Bar Association for his contributions both to the profession and to the arts community in Manitoba.

The special Occupational Health and Safety edition of TM@Work - Taylor McCaffrey LLP’s Labour and Employment Law newsletter, Issue 02, June, 2011 is now available. Follow the link for the full newsletter.

Jamie Alyce Jurczak has been appointed one of the Vice-Chairs of the Board of the Manitoba Chambers of Commerce.

S.M. 2011, c. 22, The Essential Services (Health Care) Amendment Act, came into force on 17 June. This amendment establishes a new scheme to ensure that essential health services are provided in the event of a strike or lockout in the health care sector.

David Jackson has been appointed co-chair of the 2011 Isaac Pitblado Lectures, "Back From the Brink: Insolvency in the New Era", to be held in November.

Cynthia Hiebert-Simkin and Jennifer Pfuetzner presented a session entitled "Will Drafting: Process and Pitfalls", for the Manitoba Law Society Continuing Professional Development programme. Their presentation set out best practices and highlighted common will drafting errors. An encore presentation will be offered in Brandon in September.