overview
- Called to the Bar of British Columbia in 1976
- Registered Trademark Agent in Canada and the United States
Karl Gustafson is a partner in the firm's Vancouver office. He served as the Managing Partner of Lang Michener’s Vancouver office immediately before its merger with McMillan LLP and as the Vancouver Office Management Partner following the merger. Karl served as the National Chair of the firm’s, Technology Intellectual Property & Privacy Group. Karl is a member of the firm's national Business Law Group.
Karl's practice focuses on both domestic and international corporate and commercial transactions. He also has substantial experience in corporate mergers and acquisitions, particularly in the technology sector. Karl regularly advises clients on intellectual property law, information systems integration and outsourcing, licensing agreements, technology procurement, development, security and transfer. He has acted as lead counsel in a variety of large public and private projects, advising on all facets from preparing and responding to RFP's, procurement, joint ventures and partnerships, contracting, service and supply agreements and financing. Recently, he acted for Chinese companies in transactions for the acquisition of renewable energy generation projects in Canada and Europe and for the acquisition of a large equity interest in a Canadian commercial air service and for Canadian companies in relation to partnership agreements, service and construction agreements and financing agreements related to infrastructure and hospital public private partnership projects.
Historically, Karl has acted as counsel for clients in the natural resource sector (mining, forestry, oil and gas), advising on corporate governance, procurement, environmental issues, energy purchase and supply, and a range of commercial agreements. He has acted as counsel for the proponents of a billion dollar joint venture project for the construction of a Greenfield pulp mill and as environmental counsel for lenders and for developers in large industrial and commercial property development projects. Karl also has extensive experience in dealing with government authorities in various areas including the regulation of public utilities and insurance companies. He has considerable administrative law experience appearing as counsel before various federal and provincial regulatory tribunals.
Representative Matters
- Acted for Green Force Energy Corporation in the formation of a joint venture for the purchase of renewable "green" energy generation projects.
- Acted for Ledcor Environmental Group Ltd. in its purchase of Carbon Credit Corporation.
- Acted for Cengea Solutions Inc. in its acquisition by Trimble Navigation Inc.
- Acted for Ledcor Developments Ltd. as a joint venture participant in the South Fraser perimeter road P3 project.
- Acted for mining company in its acquisition of gold and silver mine in Mexico.
- Acted for CML HealthCare Inc. in its acquisition of Associated Diagnostic Radiologists (with three medical imaging clinics in the Greater Vancouver Area), and its acquisition of the business and assets of five medical imaging clinics in the Greater Vancouver Area from General Medical Imaging Services Inc.
- Acted for Angus Consulting Management Limited as hard facilities management service provider in a P3 hospital projects in Victoria and Fort St. John, British Columbia. Including acting for Angus Consulting Management Limited and its wholly owned subsidiary in the Fort St. John Hospital project financial close agreement in July 2009. The facilities are scheduled to open in spring 2012, and are expected to cost $297.9 million.
- Acted for service providers in bid responses and contract negotiation related to procurement processes for governments and government agencies.
- Acted for Sierra Systems Group Inc. in its acquisition by Golden Gate Capital.
- Represented Sierra Systems Group Inc. in its acquisition of Alberta-based Turn Key Management Consulting Partnership.
- Advised municipal governments in relation to information systems management procurement processes.
- Acted in several of the largest information systems management outsourcing transactions in Canada.
- Acted on behalf of IBM Canada Ltd. in its acquisition of PureEdge Solutions Inc.
- Counsel for vendor in sale of majority share interest in Con-Force Structures Ltd. to TriWest Capital Management Corp.
- Counsel for individual shareholders in sale of Con-Force Structure Ltd. to Armtec Infrastructure Income Fund.
Publications
"Facts Matter" – Despite Amendments to the Foreign Ownership Restrictions for Canadian Air Carriers, 'Control in Fact' is still the Rule
Practicing Safe Text: Drafting Tips from the Stormy Daniels NDA
Seller Beware: The Dangers of Sales Language
‘Trick or Tweak' – Proposed Relaxation of Foreign Ownership Restrictions
McMillan Cybersecurity Article Series
Government Announces Changes in Foreign Ownership Rules for Canadian Airlines – 'Change in Fact'?
Final Report: Canada Transportation Act Review
McMillan Privacy Basics Bulletin Series
The Internet Never Forgets: Google Inc.'s "right to be forgotten" EU ruling and its implications in Canada
Partners Podium
Is your labour day picnic a looming company liability?
Risky business: doing business in near-failed and failed states
Competition Bureau Appeals Tribunal Decision Allowing Labatt/Lakeport Beer Merger
Social Media – The New Reality
Corruption of Government Officials: Gifts That Keep on Giving
Betting Your Soul on a Standard-form Agreement
Danger in Hyperbole When Bidding
Immortal Souls and Standard Form Agreements: Reminder after April Fool's Day Prank
A wake-up call from the English High Court
Search Engines: Competitive Keyword Advertising
Business Records: Destroy or Retain
2010 Winter Olympics Trademarks: Stepping Through the Hoops
When Good Parties Go Bad: Liability For Employers
Not-for-profits – not for play: Bill C-4 tightens rules governing not-for-profit corporations
Lessons for Directors Following the BCE Inc. Decision
Restrictive Covenants in Employment Contracts
New Laws Enhanced to Regulate Lobbying
Recent Aquilini Canucks Acquisition Decision: Partnership on Thin Ice
Co-owning Intellectual Property Creates Unexpected Pitfalls
Whistleblower Protection and a Comprehensive Policy
Alphabet Soup - Why It's Important to Get Your Trade Acronyms Right
Innocent Purchaser Liable for Environmental Cleanup Costs
Social Host Liability: A Dose of Common Sense
Proposed Federal Law Aims at Regulating Olympic Trade Mark Law
NDA's: The Realities in Today's Information Age
Remediation of Contaminated Sites – New Responsibilities
Directors' and Officers' Liability
News
McMillan Recognized for 114 Rankings in the 2021 Edition of Best Lawyers in Canada
62 McMillan Lawyers Recognized in the 2020 Canadian Legal Lexpert Directory
71 McMillan Lawyers Named in the 2020 Edition of Best Lawyers in Canada
65 McMillan Lawyers Named in the 2019 Edition of Best Lawyers in Canada
Managing Intellectual Property has once again recognized McMillan LLP among the leading Canadian firms in the 2018 edition of IP Stars
Margaret McNee recognized as Mutual Funds Lawyer of the Year, along with 58 McMillan Lawyers in the 2018 Best Lawyers in Canada Report
61 McMillan lawyers recognized in The Best Lawyers in Canada 2017
Karl Gustafson and David Kent honoured with ILO Client Choice Awards
60 McMillan lawyers recognized in the 10th Edition of The Best Lawyers in Canada
McMillan lawyers recognized in the 2015 Best Lawyers in Canada
McMillan LLP partners with BC Lions Football Club
49 McMillan lawyers recognized in the 2014 Best Lawyers in Canada
47 McMillan lawyers recognized in the 2013 Best Lawyers in Canada
50 McMillan Lawyers recognized in the 2012 Best Lawyers in Canada
Education
- University of British Columbia, LLB - 1975
- University of British Columbia, BA - 1972
Year Of Call
- Called to the British Columbia bar - 1976
Practices
outsourcing
business law
mergers and acquisitions
negotiated transactions
intellectual property
environmental regulation
administrative law
government and public policy
cybersecurity
trademarks
Industries
energy
food, beverage and agribusiness
mining
forest products
private equity - buyouts & venture capital investment
manufacturing, distribution and retail
Directorships and Professional Associations
- Director, The McElhanney Group Ltd., (company engaged in engineering, surveying and mapping with operations in British Columbia, Alberta and Indonesia)
- American Bar Association, Business Law Section
- Canadian Bar Association, BC Branch - Environment, Energy & Resource Law Sections
- Vancouver Bar Association
- Canadian IT Law Association
- Intellectual Property Institute of Canada
- Independent Power Association of British Columbia
- Fellow and Governor of the British Columbia Chamber of Commerce
Community Involvement
Actively involved for many years in the British Columbia Chamber of Commerce in various capacities including Director, Legal Counsel, Policy Committee, Chair of Forestry Committee and Chair of Offshore Oil and Gas Task Force. Karl's contributions to the Chamber were recognized in 2004 when he was appointed as a Fellow of the Chamber and a lifetime Governor.
Awards & Rankings
- Recognized by the Best Lawyers in Canada (2021) as a leading lawyer in the area of Energy Regulatory Law
- Recognized in the 2020 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the areas of Aviation (Regulatory & Liability) and Computer & IT Law
- Listed in The Best Lawyers in Canada, 2009 - 2020 editions, in the field of Energy Regulatory Law
- Recognized by Corporate LiveWire Global Awards 2016 in the category of outsourcing
- Recognized by the 2016 International Law Office Client Choice Awards as the exclusive winner in the General Corporate category for British Columbia
- Received a "BV" Peer Review Rating from Martindale-Hubbell
- Queen's Counsel, December 2002
- Fellow and lifetime Governor of the BC Chamber of Commerce 2004
Media Mentions
- "A World of IP Challenges", India Business Law Journal, April 2013, Vol 6, Issue 9