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Author Archive Johannes Schenk
Article By Johannes Schenk

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WCB Review of Degenerative Spine Disease

by Johannes Schenk / On September 18, 2019 / In Employment Law, Human Rights Law, Labour Law
Source: 2019 BCSC 1557 Brkich v. British Columbia (Workers’ Compensation Appeal Tribunal) Degenerative spine disease is exceedingly difficult to link to work conditions. This case makes this point again and provide an analytic framework for presenting the case to WCB,…

Civil Contempt: Strict Review Standards

by Johannes Schenk / On September 18, 2019 / In Litigation
Source: 2019 BCCA 326 Lee v. Weidner outlines the analytic framework for civil contempt finding. In this case the contempt was for a breach of a court order: In simplest terms the Court will look for: 1. A clear unambiguous…

2019 BCCA 321 Squamish Nation v. British Columbia (Environment)

by Johannes Schenk / On September 17, 2019 / In Litigation, Municipal Law
Source: 2019 BCCA 321 Squamish Nation v. British Columbia (Environment) The Trans Mountain expansion project will be sent back to the Ministers for reconsideration.

WCAT: No Human Rights Jurisdiction

by Johannes Schenk / On September 17, 2019 / In Employment Law
The workers compensation system in BC (other provinces too) has some curious jurisdictional twists. WCAT does not have jurisdiction to apply or consider the Human Rights Code. You must consider how to present your human rights arguments to the board…

WCB Long term Wage rates: Appeal now and don’t wait

by Johannes Schenk / On September 16, 2019 / In Employment Law, Uncategorized
The WCB claim process can be a long drawn out and exhausting affair. There are many traps that can cause you to lose out on full benefits that you deserve. One such trap is the setting of long term wage…
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