Employment Contract Frustration

Posted by Johannes Schenk on February 18th, 2010 — Posted in Employment Law, Human Rights Law, Uncategorized

The doctrine of contract frustration deals with situations where a party cannot meet their obligations under a contract due to some non-culpable event. In the case of employment contracts the situation often arises where an employee becomes ill or disabled to the extent that they can’t perform their job anymore or for an extended period of time. See Wightman Estate v. 2774046 Canada Inc., 2006 BCCA 424, in which the application of the doctrine of frustration is determined on the basis of the language of the contract. In this particular case the contract contemplated frustration on the facts at hand.

Yes You Can Complain to The Human Rights Tribunal

Posted by Admin on February 17th, 2010 — Posted in Employment Law, Human Rights Law, Labour Law

A very common issue that arises in administrative law: more than one body can hear, rule and decide on a matter. The follow up issue arises: which body should run that process. Further, once you have an answer from one body, does that preclude another body from taking a look at the matter all over again. The labour lawyers worked this one out with Weber and Parry Sound several years ago.

We now have the latest word on this complicated issue from the BC Court of Appeal in the context of human rights adjudication and workers compensation disability reviews in Workers’ Compensation Board v. British Columbia (Human Rights Tribunal) , 2010 BCCA 77.

Briefly, and I emphasize briefly, as this is a very complicated series of arguments that underlie the decision, the human rights tribunal does get to hear a matter despite the fact that the matter has been canvassed by another tribunal. Res judicata, estoppels, and abuse of process arguments don’t prevent the tribunal from taking a look at the matter.

Liability Resulting From North Vancouver Land Slide

Posted by Johannes Schenk on February 11th, 2010 — Posted in Municipal Law, Professional Discipline

See Perrault v. North Vancouver (District), 2010 BCSC 182, for a discussion on liability for the District of North Vancouver and the realtors involved in the sale and purchase of the property.