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Article By Johannes Schenk

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Ambiguous Restrictive Covenants

by Johannes Schenk / On April 8, 2009 / In Employment Law

Shafron v. KRG Insurance Brokers (Western) Inc., 2009 SCC 6, deals with post employment restrictive covenants. I always have found the drafting of some of these covenants to be poor and at best examples of bet hedging. Well that's all…

Municipal Statutory Immunity

by Johannes Schenk / On March 5, 2009 / In Municipal Law

This non-placement of traffic signage was recently examined by the Alberta Court of Appeal in, Southland Transportation Ltd. v. Calgary (City), 2008 ABCA 321. The case considers section 533 of the Municipal Government Act that provides that the City is…

Bias and Impartiality

by Johannes Schenk / On November 28, 2008 / In Employment Law, Human Rights Law, Labour Law, Municipal Law, Professional Discipline

Bias arguments are commonly made. Here is a case referred to me by my friend John Gesher, who is Counsel at the Regional Municipality of Peel. The case of Boardwalk Reit LLP v. Edmonton (City), 2008 ABCA 176 (CanLII), concerns…

Post Dunsmuir Standard of Review

by Johannes Schenk / On November 27, 2008 / In Human Rights Law, Labour Law, Municipal Law, Professional Discipline

What's a poor boy to do (or lawyer to do) when faced with Dunsmuir and the standard of review and the ATA standards of review. Well naturally you would rely on this case, Lavigne v. British Columbia (Workers Compensation Review…

One Person One Fare: That’s Fair

by Johannes Schenk / On November 23, 2008 / In Human Rights Law

A Supreme Court of Canada appeal of the Canada Transportation Agency's One Person One Fare ruling has been denied. Surprising how much press the decision has garnered. Surprising how out of it the airline spokespeople sound when they speak about…

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