No Rent Increase Allowed for Crest Group Holdings Ltd.

Posted by Johannes Schenk on August 29th, 2014 — Posted in Litigation, Municipal Law

Crest Group Holdings Ltd. v. British Columbia (Attorney General).

The decision to deny a rent increase allowance for this 71 unit trailer park was confirmed as reasonable.

Municipal Manager Gross Negligence

Posted by Johannes Schenk on August 29th, 2014 — Posted in Municipal Law

2014 BCSC 1421 391043 Alberta Ltd. v. Village of Canal Flats, concerns an application to strike a claim against a municipal officer for gross negligence.

Vancouver Police Board Liability

Posted by Johannes Schenk on May 27th, 2014 — Posted in Employment Law, Human Rights Law, Labour Law, Litigation, Municipal Law, Professional Discipline

Gulkison v. Vancouver Police Board, 2014 BCSC 669 , concerns liability of the Board of Police Commissioners for actions of City of Vancouver Police Department members. Justice Burnyeat held that the Vancouver Police Board is liable for any liabilities or damages that may be attributed to the Board of Police Commissioners for the actions of a police officer.

Employment Termination Agreement and Restraint of Trade

Posted by Johannes Schenk on March 15th, 2014 — Posted in Employment Law, Labour Law, Litigation

Rhebergen v. Creston Veterinary Clinic Ltd., 2014 BCCA 97 concerns a form of post-employment non-competition agreement. These types of agreements being in the nature of a restraint on trade must be reasonable. Courts will hold overbroad conditions unenforceable. Be careful with restrictions you place on the departing employee’s ability to work. If the area that you don’t want the employee to work in is too large, or the duration of the limitation is too long or there is a large financial penalty placed on the employee you will have a problem enforcing the non-compete agreement.

Nuisance Claim Statutory Authority Defence

Posted by Johannes Schenk on February 24th, 2014 — Posted in Municipal Law

2013 BCSC 1224 Vancouver City v. Robinson concerns damage caused by diesel exhaust from equipment operated by The City of Vancouver. The case deals with the law of nuisance and the City’s defence of statutory authorization. This basic defence says that if the act is authorized by statute then inevitable consequences from that act are also authorized and cannot be the basis for a nuisance damage claim