Sorry Means Sorry

Posted by Johannes Schenk on October 7th, 2014 — Posted in Litigation

Vance v. Cartwright, concerns liability based on an apology. In BC an apology cannot be used to substantiate liability. Sorry just means sorry.

BC Court Fees Unconstitutional

Posted by Johannes Schenk on October 6th, 2014 — Posted in Litigation

Trial Lawyers Association of BC v. BC A.G., concerns the constitutionality of BC Supreme Court hearing fees. Turns out they are not constitutional. The Court takes the position that impeding access to justice by way of hearing fees, as presently done, denied certain classes of people access to the Court and thus impermissibly interfered with the Court’s jurisdiction under s.96 of the Constitution Act.

Justice Rothstein, in a strongly worded dissent, took the position that decisions concerning matters such as court fees were solely for the legislature and not for the courts to decide.

Employment Termination

Posted by Johannes Schenk on October 3rd, 2014 — Posted in Employment Law, Labour Law, Litigation

You had a job. Now you don’t. How are you going to pay your mortgage and support your family? How will you deal with prospective employers so that you can get back onto our feet.

Employers in Canada can terminate your employment. If you have misconducted yourself in a significant way then your employer can let you go without paying you compensation. In the absence of misconduct the employer can let you go if they give you termination notice or they pay you some money.

Here are your first steps:

1. Often the employer will meet with you for an exit interview. Be polite and restrained as you can. Listen and see what the employer has to say and offer. Do not agree to or sign anything. Take notes and ask for some time to consider your position.

2. If there is an employment agreement and company employment policy manual ask for copies before you leave the building or make an arrangement to have it sent to you.

3. Ask about any benefit plan continuation.

3. Collect your personal items. Do not cause any damage. Leave the computer alone and do not log into the system. Do not send out any farewell emails. Do not discuss the situation in any manner on any social media.

5. Let your significant other know what has happened.

6. Call a professional that can give you some advice on what your position is. One to two hours of time can save you months of time and money. The advice will also help you from doing something that will damage your present position.

Kids in Trees

Posted by Johannes Schenk on October 3rd, 2014 — Posted in Litigation, Municipal Law, Professional Discipline

Paquette v. School District No. 36 (Surrey), 2014 BCSC 205 deals with a child climbing onto and falling off of a school building roof. So every adult knows that kids will climb up roofs an every child knows that they shouldn’t do it. Should the school really be 75% liable? I wonder what happened to the staff member that was herding these kids off of the roof?

Be Careful Drafting Civil Claim Response

Posted by Johannes Schenk on October 2nd, 2014 — Posted in Litigation

Royal Bank of Canada v. Roberts, allows that a general denial in a response to a civil claim may be insufficient to maintain the response on a dismissal application.