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Article By Johannes Schenk

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Liability Resulting From North Vancouver Land Slide

by Johannes Schenk / On February 11, 2010 / In Municipal Law, Professional Discipline

See Perrault v. North Vancouver (District), 2010 BCSC 182, for a discussion on liability for the District of North Vancouver and the realtors involved in the sale and purchase of the property.

Maternity Leave and Reasonable Notice for Employment Termination

by Johannes Schenk / On December 8, 2009 / In Employment Law, Human Rights Law

In case it wasn't obvious, reasonable notice periods are suspended by maternity leave. Don't terminate your pregnant employees or employees that are on maternity leave. See the following cases: Whelehan v. Laidlaw Environmental Services Ltd. Winterburn v. Domtar Inc., 2002…

No Statutory Cause of Action in Employment Standards Act

by Johannes Schenk / On December 7, 2009 / In Employment Law

Macaraeg v. E Care Contact Centers Ltd., 2008 BCCA 182, deals with the issue of whether rights under the Employment Standards Act can form the basis of a civil action. Answer: no. Mr. Justice Chiasson states for the Court: Summary…

Liquor Sales Licencing: Judicial Review

by Johannes Schenk / On October 6, 2009 / In Uncategorized

Millerâ€™s Landing Pub Ltd. v. Liquor Control Licensing Branch (General Manager), 2009 BCSC 1352, outlines an excellent BC perspective on Judicial Review standards. It isn't quite as simple as just applying correctness or reasonableness.

No Opinion Shopping

by Johannes Schenk / On September 24, 2009 / In Uncategorized

This week sees the BC Supreme Court issue a ruling in Blackmore v. British Columbia (Attorney General), 2009 BCSC 1299, that says once the AG makes a decision not to prosecute a criminal matter, that decision is final. The AG…

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