Employment Law – Page 3 – Schenk & Associates

Assessment of Witness Credibility

by Johannes Schenk / On January 7, 2020 / In Employment Law, Litigation

Source: 2019 BCSC 2261 Insurance Corporation of British Columbia v. Mansur This case looks at the test for assessing witness credibility: [12] Since Faryna, courts have developed a set of factors that may be used to apply the approach to…

Director Liable for Worker Injury

by Johannes Schenk / On November 4, 2019 / In Employment Law, Labour Law, Litigation

A company director was liable for a worker's injury. Source:2019 ABCA 98 (CanLII) | CanLII In this Alberta case a company director was liable for a worker's injury, where that director had worked on the worksite. The director has failed…

Contempt of WCB Asbestos Abatement Orders: Six Weeks of House Arrest

by Johannes Schenk / On October 31, 2019 / In Employment Law, Labour Law, Litigation

Source: 2019 BCSC 1862 Workers’ Compensation Board of British Columbia v. Skylite Building Maintenance Ltd. The employer was found to be in contempt of WCB asbestos abatement orders. The conduct was, let's say, egregious. Jail time for civil contempt is…

Human Rights Document Request: Arguably Relevant

by Johannes Schenk / On October 23, 2019 / In Employment Law, Human Rights Law, Labour Law, Litigation

Source: 2019 BCHRT 197 (CanLII) | CanLII Documents requested in a human rights matter must be arguably relevant. [18] The test to be applied in an application under Rule 23(1) is whether a document may be relevant or arguably relevant,…

Hotel Workers: Please Be Quiet

by Johannes Schenk / On October 15, 2019 / In Employment Law, Human Rights Law, Labour Law, Uncategorized

Shhhhh!! Source: 2019 BCSC 1744 Hotel Georgia (OP) Limited Partnership v. Unite Here, Local 40 Workers on strike at the Hotel Georgia were too loud and in breach of a noise bylaw. They were order to stop breaching the bylaw.

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