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Author Archive Johannes Schenk
Article By Johannes Schenk

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Defamation Covered by Collective Ageement

by Johannes Schenk / On August 14, 2015 / In Employment Law, Labour Law, Litigation
Pausch v. Abbotsford School District No. 34, is a reminder that defamation matters are generally covered off by a collective agreement. If you are covered by a collective agreement careful consideration will have to be given if a Court action…

Employment Mitigation: Re-employment offers

by Johannes Schenk / On August 14, 2015 / In Employment Law, Labour Law, Litigation
Fredrickson v. Newtech Dental Laboratory Inc., 2015 BCCA 357 concerns a termination and the employee's mitigation effort. The matter at hand involved an offer of re-employment by the terminating employer. I see this often and, and question how a terminated…

Local Government Defamation

by Johannes Schenk / On July 8, 2015 / In Litigation, Municipal Law
Milne v. Capital Regional District, concerns defamation by a local government. The case is unusual in that the alleged defamation arises from comments related to a public hearing posted on a local government website. The case seems to be somewhat…

Yaletown Rezoning: No Disclosure of Prior Dealing Required

by Johannes Schenk / On June 25, 2015 / In Municipal Law
Community Association of New Yaletown v. Vancouver City, is a great case if you are a municipality. A three member panel of the BC Court of Appeal has spoken in the clearest terms possible and had the following to say:…

North Vancouver District Landslide Remediation Orders Upheld

by Johannes Schenk / On June 3, 2015 / In Municipal Law
Madaninejad v. North Vancouver (District), concerns orders made by the District of North Vancouver against a property owner to re-mediate a landslide risk. The orders were upheld on judicial review.
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