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Article By Johannes Schenk

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Non-Statutory Professional Associations

by Johannes Schenk / On April 16, 2008 / In Employment Law, Professional Discipline

There are two main types of professional associations. Those that exist on the basis of legislation and those that exist on some other basis. Usually there is a Society Act and series of bylaws that dictate internal conduct in the…

Discipline for Incompetence

by Johannes Schenk / On April 15, 2008 / In Professional Discipline

Sheddy v. Law Society of British Columbia., 2007 BCCA 96, has the Court of Appeal overturning a finding of incompetence on the part of a lawyer. The conduct in issue concerned the drafting of an affidavit and the attachment of…

Goodbye Patently Unreasonable?

by Johannes Schenk / On April 11, 2008 / In Employment Law, Human Rights Law, Labour Law, Municipal Law, Professional Discipline

One of the great challenges in administrative law has been determining how far the Court that you are in should go in reviewing a tribunal's decision. The spectrum of review ranges (used to) from correctness to reasonableness simpliciter to patentely…

Privacy Commissioner: Correctness Standard of Review

by Johannes Schenk / On April 11, 2008 / In Employment Law

The BC Supreme Court held in, Harrison v. British Columbia (Information and Privacy Commissioner), 2008 BCSC 411, that the standard of review to be applied to decisions of the Privacy Commissioner is correctness. The case concerns an individual hired by…

Professional Discipline

by Johannes Schenk / On April 9, 2008 / In Professional Discipline

There's a lot at stake in a professional discipline hearing including, years of education and experience working in the field, reputation, licencing privileges and the ability to earn a livelihood. This is one area of law where jurisdictional issues, statutory…

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