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Litigation

Category: Litigation

Independent Contractor Status

by Johannes Schenk / On January 10, 2020 / In Employment Law, Human Rights Law, Litigation
No wrongful termination for independent contractors. Source: 2020 BCSC 23 Farren v. Elite Service Group Inc.

Sloppy Termination Investigation Is Expensive

by Johannes Schenk / On January 10, 2020 / In Employment Law, Litigation, Professional Discipline
Source: 2019 ONSC 4496 (CanLII) | CanLII Investigations supporting an employment termination must be properly conducted. A poor investigation puts the termination at risk and will require that an employer pays out reasonable notice to an employee.

Mortgage Foreclosure Redemption Period

by Johannes Schenk / On January 8, 2020 / In Litigation
Source: 2019 BCCA 73 (CanLII) | CanLII Any confusion about how to look at redemption period applications has been laid to rest by the BC Court of Appeal: [26] The test for an extension of the redemption period has been…

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…

Cellphone Use While Driving

by Johannes Schenk / On December 19, 2019 / In Litigation
Source: 2019 BCSC 207 Eide v. British Columbia (Attorney General) Using your phone in any way while driving is an offence. Use is defined: ss. 214.1 and 214.2 of the Motor Vehicle Act, which provide: Definitions 214.1 In this Part:…

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