Lawyer’s Withrawal from Retainer

Posted by Johannes Schenk on December 13th, 2016 — Posted in Litigation, Professional Discipline

The case of Bokova v. Gertsoyg & Company, 2016 BCSC 2297, concerns a lawyer’s fee review. The case makes for an interesting read for the retainer agreement provisions that govern the lawyer’s withdrawal on the file.

Work Email is Work Email

Posted by Johannes Schenk on July 7th, 2016 — Posted in Employment Law, Litigation, Professional Discipline

A new ruling affirms the ability to FOIA private email accounts.

Source: A federal court may have just added to Clinton’s email woes in a big way – The Washington Post

You can’t avoid FOI requests by storing work email in a non-work environment.

Employment Termination Mitigation

Posted by Johannes Schenk on April 22nd, 2016 — Posted in Employment Law, Labour Law, Litigation, Professional Discipline

2016 BCCA 112 Steinebach v. Clean Energy Compression Corp. concerns mitigation upon employment termination. The underlying principles are well settled so I’m somewhat surprised to see this make it’s way to the Court of Appeal.

Society director suspension is not a removal

Posted by Johannes Schenk on April 22nd, 2016 — Posted in Employment Law, Litigation, Professional Discipline

2016 BCSC 718 George v. The B.C. Wildlife Federation concerns the powers of a society board of directors to manage the directorship.

A director was suspended for allegedly harassing staff. A petition was brought before the court challenging the procedural validity of the suspension. The director took the position that the suspension was in fact a removal.

The Court said that there was no removal and that there was no irregularity. The Court did not, as such, have jurisdiction in the matter.

The decision underscores that a society is a contractual arrangement and internal relationships will be determined on contractual principles.

Real Estate Council of British Columbia – Enforcement Expenses

Posted by Johannes Schenk on April 2nd, 2016 — Posted in Employment Law, Litigation, Professional Discipline

You can see from the following enforcement expense list that a hearing needs to be well planned and highly considered to avoid unnecessary expense to a registrant.

Enforcement expenses recoverable against a licensee by the Council under the Real Estate Services Act are as follows: for investigation expenses, $100/hour for each investigator; for an audit carried out during an investigation leading to a hearing $150/hour for an auditor regularly employed by the Council; and in any other case, $400/hour; for reasonably necessary legal services: $150/hour for a lawyer regularly employed by the Council; and in any other case, $400/hour; for disbursements properly incurred in connection with the provision of legal services to the Council or the Discipline Committee, the actual amount of the disbursements; for each full or partial day of hearing, administrative expenses of: $1,000 for a hearing before a Discipline Committee of one member; $1,500 for a hearing before a Discipline Committee of 3 members; and $2,000 for a hearing before a Discipline Committee of 4 or more members; for each day or partial day that a witness, other than an expert witness, attends a hearing at the request of the Council or a Discipline Committee, $50; for an expert witness who attends a hearing at the request of the Council or a Discipline Committee, $400/hour; the reasonable travel and living expenses for a witness or expert witness who attends a hearing at the request of the Council or a Discipline Committee; for other expenses, reasonably incurred, arising out of a hearing or an investigation leading up to a hearing, the actual amount incurred.

Source: Real Estate Council of British Columbia – Complaint Discipline Procedures