Johannes Schenk – Page 25 – Schenk & Associates

Statutory Interpretation

by Johannes Schenk / On September 17, 2014 / In Employment Law, Labour Law

British Columbia Hydro and Power Authority v. Workers’ Compensation Board of British Columbia has the BC Court of Appeal dealing with a matter of statutory interpretation. Two statutory sections dealing with employer duties had to be read in the context…

No Rent Increase Allowed for Crest Group Holdings Ltd.

by Johannes Schenk / On August 29, 2014 / 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

by Johannes Schenk / On August 29, 2014 / 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

by Johannes Schenk / On May 27, 2014 / 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…

Employment Termination Agreement and Restraint of Trade

by Johannes Schenk / On March 15, 2014 / 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…

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Article By Johannes Schenk