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Category: Uncategorized

Wrongful Dismissal Reasonable Notice for Senior Older Employees

by Johannes Schenk / On March 12, 2010 / In Employment Law, Uncategorized
Palmer v. Clemco Industries Inc., 2010 BCSC 230 deals with the dismissal of two older, senior management level employees. Employee 1: 60 years old, 14 year employee, service manager for a restaurant grease trap bio-remediator. 15 months reasonable notice. Employee…

Employment Contract Frustration

by Johannes Schenk / On February 18, 2010 / In Employment Law, Human Rights Law, Uncategorized
The doctrine of contract frustration deals with situations where a party cannot meet their obligations under a contract due to some non-culpable event. In the case of employment contracts the situation often arises where an employee becomes ill or disabled…

Defamation in the Workplace

by Admin / On October 6, 2009 / In Uncategorized
M.D.A. Marine Design Associates Ltd. v. British Columbia Ferry Services Inc., 2008 BCSC 1432, lays out a great professional reputation defamation analysis applicable to contract and employment scenarios.

Liquor Sales Licencing: Judicial Review

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