October 2005 – Schenk & Associates

Municipal Policy Defence

by Johannes Schenk / On October 30, 2005 / In Municipal Law

Governmental authorities, including muncipalities, have the benefit of a policy defence in the case of negligence actions. The defence has been raised in scenarios including sidewalk and roadway maintenance, downed traffic signs, tree maintenance, facility maintenance, inspection cases, corrections cases,…

Be Reasonable

by Johannes Schenk / On October 27, 2005 / In Employment Law, Human Rights Law, Labour Law

Be reasonable. No matter which side of the fence you are on the tempation to "stick" it to the other side is strong when you are in the heat of a dispute. For counsel, helping a client see their way…

Admissibility of Surreptitious Video Surveillance

by Johannes Schenk / On October 26, 2005 / In Employment Law, Human Rights Law, Labour Law

Your position at arbitration is only as good as the supporting evidence. Video evidence can be a compelling tool and the very qualities that make it compelling also make it invasive. This is particularly the case for surreptitious video evidence.…

Teachers in Contempt: Fined $500,000

by Johannes Schenk / On October 21, 2005 / In Labour Law

The matter of the BC Public School Employers Assoc. v. BC Teachers Federation, 2005 BCSC 1490, was before the BC Supreme Court today for penalty determination. The BCTF was fined $500,000.00. The case is an interesting read for the discussion…

Secret Lobbying: No Cause of Action

by Johannes Schenk / On October 21, 2005 / In Labour Law

It's safe to say that BC continues to make labour law headlines. The telus strike and the teacher's walkout are two big ticket items but there are other low key noteworthy matters that merit attention. One such case is, Paramedical…

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