January 2007 – Schenk & Associates

Biometrics: Finger Scan Unacceptable

A recent decision of the Ontario Court of Justice, IKO Industries Ltd. v. U.S.W.A., Local 8580, 2006 CarswellOnt 7541 (Ont. S.C.J., upheld an arbitrator's decision that finger scan technology was not acceptable in the workplace. Compare this to cases cited…

Random Drug Testing

by Johannes Schenk / On January 25, 2007 / In Employment Law, Human Rights Law, Labour Law

Randomn drug testing in the workplace is one of those issues that continues to provide employers, unions and employees a difficult roadmap to follow. Communications, Energy & Paperworkers Union of Canada, Local 900 v. Imperial Oil Ltd., a decison of…

British Columbia Municipal Prime Contractor Status

by Johannes Schenk / On January 24, 2007 / In Municipal Law

The Britsh Columbia WCB recently had dealt with issue of prime contractor status of the City of Surrey on a road excavation project. The matter concerned an excavation collapse fatality. The case is discussed in Canadian Occupational Health and Safety…

Marine Drive Golf Club Discrimination

by Johannes Schenk / On January 23, 2007 / In Human Rights Law

The BC Court of Appeal recently rendered a decision dealing with private club discrimination in, Marine Drive Golf Club v. Buntain et al and B.C. Human Rights Tribunal, 2007 BCCA 17. The case concerns restrictions on female club members' access…

Oops. Vancouver City Penalized for Witholding Documents

by Johannes Schenk / On January 17, 2007 / In Municipal Law

The City of Vancouver was heavily penalzed for witholding documents from the plaintiff during the trial process in Williams v. Vancouver (City of), 2005 BCSC 1900. The matter was heard in front of a jury. The documents in question were…

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