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Author Archive Johannes Schenk
Article By Johannes Schenk

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Harassing a Supervisor is not Discrimination

by Johannes Schenk / On April 5, 2016 / In Employment Law, Human Rights Law, Labour Law
2016 BCCA 146 Schrenk v. British Columbia (Human Rights Tribunal) deals with discrimination against a supervisor. The Court of Appeal has ruled that the Human Rights Tribunal only has jurisdiction on matters "regarding employment". An employment relationship must exist in…

Real Estate Council of British Columbia – Enforcement Expenses

by Johannes Schenk / On April 2, 2016 / In Employment Law, Litigation, Professional Discipline
You can see from the following enforcement expense list that a hearing needs to be well planned and highly considered to avoid unnecessary expense to a registrant. Enforcement expenses recoverable against a licensee by the Council under the Real Estate…

Administrative Penalties Must deal with the “cost of doing business”

by Johannes Schenk / On April 1, 2016 / In Litigation, Professional Discipline
CanLII - 2015 SCC 41 (CanLII). This case concerns the constitutional validity of sections of the Income Tax Act and the principles behind administrative penalties.There are plenty of law firms like Fulmer May and Stuckey who can help you with…

BC Securities Commission $23.3 Million Fine Upheld

by Johannes Schenk / On April 1, 2016 / In Employment Law, Litigation, Professional Discipline
2016 BCCA 144 Michaels v. British Columbia Securities Commission. This case affirms a Securities Commission decision to penalize a registrant $23.3 million for breaches of the act, misrepresentation and fraud.

Court of Appeal Reduces Notice Period by Two Months

by Johannes Schenk / On March 31, 2016 / In Employment Law, Labour Law, Litigation
2016 BCCA 140 Munoz v. Sierra Systems Group Inc.. How can running this case have been remotely worth the time and effort to gain a two month reduction of a ten month notice period? The case does give guidance on…
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