Litigation – Page 11 – Schenk & Associates

Employment Termination Mitigation

by Johannes Schenk / On April 22, 2016 / 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

by Johannes Schenk / On April 22, 2016 / 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…

ICBC tagged with $350,000 punitive damages for malicious prosecution

by Johannes Schenk / On April 22, 2016 / In Litigation

2016 BCSC 649 Arsenovski v. Bodin deals with malicious prosecution and investigative negligence on the part of ICBC. ICBC had accused the plaintiff of a fraud and initiated a criminal prosecution. That didn't work out well for them and resulted…

Double costs analysis against ICBC

by Johannes Schenk / On April 21, 2016 / In Litigation

2016 BCSC 649 Arsenovski v. Bodin outlines a double cost recovery analysis in a heated piece of litigation with multiple settlement offers. The case is useful because its not often that you see an extended judgement devoted to cost recovery.

Injunction: stay granted against a local authority

by Johannes Schenk / On April 19, 2016 / In Litigation, Municipal Law

2016 BCCA 160 Cowichan Valley Regional District v. Cobble Hill Holdings concerns injunction stays. The outcome in this case appears to buck a developing trend in which the Courts defer to local government discretion. The injunction was granted by the…

Top