Nuisance Claim Statutory Authority Defence

Posted by Johannes Schenk on February 24th, 2014 — Posted in Municipal Law

2013 BCSC 1224 Vancouver City v. Robinson concerns damage caused by diesel exhaust from equipment operated by The City of Vancouver. The case deals with the law of nuisance and the City’s defence of statutory authorization. This basic defence says that if the act is authorized by statute then inevitable consequences from that act are also authorized and cannot be the basis for a nuisance damage claim

Unilateral Post-Retirement Benefit Reduction Open to Class Action Lawsuit

Posted by Johannes Schenk on February 21st, 2014 — Posted in Employment Law, Labour Law, Litigation

Vivendi Canada Inc. v. Dell’Aniello indicates that post-retirement benefit reductions are suitable matters for class actions.

Oh Behave: Or We Will Sell Your Strata Unit

Posted by Johannes Schenk on February 20th, 2014 — Posted in Litigation, Professional Discipline

This will be of interest to the Realtors®, mortgage brokers, strata owners and bad tenants. In short if the folks living in the unit misbehave enough, the court will entertain and apply the available remedies including:

1. an order to behave and comply with bylaws;
2. an order compelling payment of monetary penalties;
3. an eviction order;
4. contempt proceedings; and finally,
5. an order forcing the sale of the strata unit.

2013 BCCA 206 The Owners Strata Plan LMS 2768 v. Jordison, has the BC Court of Appeal confirming a court ordered sale of a strata unit on the basis of section 173 of the Strata Property Act, the unit owner and occupants’ repeated bylaw breaches, failure to pay significant penalties, contempt of a court order in that regard, general obnoxious behavior and as a last resort when all else failed.

The strata was given conduct of sale.

It took a lot to get to that point, including numerous court attendances and proceedings. Having said that, this case makes clear that the Strata Act allows for a forced sale as a possible remedy to a problem owner and tenant.

Benefit Provisions Do Not Survive Reasonable Notice Period

Posted by Johannes Schenk on February 19th, 2014 — Posted in Employment Law

Sutton v. Alaska Air Group, Inc. , deals with benefit provisions during the reasonable notice period. Suffice it to say that generally, and in this case, benefits end with the reasonable notice period.

To Litigate or Not: Arbitration Clauses

Posted by Johannes Schenk on February 19th, 2014 — Posted in Litigation

To litigate or not to litigate: that is the question.

2014 BCSC 218 Lambsmead Limited v. Pharmawest Pharmacy Ltd..

deals with arbitration clauses. In this case the arbitration clause precluded recourse to the courts and instead the parties were required to proceed with an arbitration.

Arbitration clauses are commonly included in contracts They should be carefully drafted so that the any future litigation occurs as planned at the formation of the contractual relationship.