26 Months Reasonable Notice Awarded

Posted by Johannes Schenk on May 15th, 2017 — Posted in Employment Law, Human Rights Law, Labour Law

Source: CanLII – 2016 ONCA 79 (CanLII)

Keenan v. Canac Kitchens Ltd., 2016 ONCA 79 (CanLII), concerns the notice period awarded to long term, 60 year old sales and service representatives. There is no 24 month cap on notice periods.

No Without Cause Dismissal for Federal Employees

Posted by Johannes Schenk on May 15th, 2017 — Posted in Employment Law, Labour Law

Source: CanLII – 2016 SCC 29 (CanLII)

Well that answers that. Federal employees don’t get let go with notice or severance pay and they have a right to re-instatement and back pay.

Donald Trump launches blistering attack on judges in ‘disgraceful’ travel ban hearing and calls it ‘a sad day’

Posted by Johannes Schenk on February 8th, 2017 — Posted in Litigation, Uncategorized

Donald Trump has angrily denounced the three judges hearing his travel ban appeal, describing the process as “disgraceful” and saying it was a “sad day” for the United States.

Source: Donald Trump launches blistering attack on judges in ‘disgraceful’ travel ban hearing and calls it ‘a sad day’

Trump has now impugned 5 judges including three appellate level Judges of the ninth circuit. And that is in the context of addressing Police Chiefs whose staff must deal with the judiciary everyday of their working lives. Fine for a Kingdom, not so for a Constitutional Republic.

Probationary Employee Rights

Posted by Johannes Schenk on January 16th, 2017 — Posted in Employment Law, Human Rights Law, Labour Law, Uncategorized

Ly v. British Columbia (Interior Health Authority), 2017 BCSC 42, deal with probationary employee termination rights. Surprising that this case was actually litigated given the very small amount the claim was worth. Employer termination rights are limited and the employee must be given a fair and reasonable consideration.

Risk in Filing Inflated Builder’s Lien

Posted by Johannes Schenk on January 16th, 2017 — Posted in Litigation

Atlas Painting & Restorations Ltd. v. 501 Robson Residential Partnership, 2016 BCSC 2472, concerns an inflated builder’s lien. Should you or shouldn’t you? It’s worth a read to summarize some of the principles underlying lien filings.