Johannes Schenk – Page 26 – Schenk & Associates

Article By Johannes Schenk

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Nuisance Claim Statutory Authority Defence

by Johannes Schenk / On February 24, 2014 / In Municipal Law

2013 BCSC 1224 Vancouver City v. Robinson concerns damage caused by diesel exhaust from equipment operated by The City of Vancouver. The case deals with the law of nuisance and the City's defence of statutory authorization. This basic defence says…

Unilateral Post-Retirement Benefit Reduction Open to Class Action Lawsuit

by Johannes Schenk / On February 21, 2014 / In Employment Law, Labour Law, Litigation

Vivendi Canada Inc. v. Dell’Aniello indicates that post-retirement benefit reductions are suitable matters for class actions.

Oh Behave: Or We Will Sell Your Strata Unit

by Johannes Schenk / On February 20, 2014 / In Litigation, Professional Discipline

This will be of interest to the Realtors®, mortgage brokers, strata owners and bad tenants. In short if the folks living in the unit misbehave enough, the court will entertain and apply the available remedies including: 1. an order to…

Benefit Provisions Do Not Survive Reasonable Notice Period

by Johannes Schenk / On February 19, 2014 / In Employment Law

Sutton v. Alaska Air Group, Inc. , deals with benefit provisions during the reasonable notice period. Suffice it to say that generally, and in this case, benefits end with the reasonable notice period.

To Litigate or Not: Arbitration Clauses

by Johannes Schenk / On February 19, 2014 / In Litigation

To litigate or not to litigate: that is the question. 2014 BCSC 218 Lambsmead Limited v. Pharmawest Pharmacy Ltd.. deals with arbitration clauses. In this case the arbitration clause precluded recourse to the courts and instead the parties were required…

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