March 2016 – Schenk & Associates

Court of Appeal Reduces Notice Period by Two Months

by Johannes Schenk / On March 31, 2016 / In Employment Law, Labour Law, Litigation

2016 BCCA 140 Munoz v. Sierra Systems Group Inc.. How can running this case have been remotely worth the time and effort to gain a two month reduction of a ten month notice period? The case does give guidance on…

Employment Defamation at a Cactus Club

by Johannes Schenk / On March 31, 2016 / In Employment Law, Labour Law, Litigation, Professional Discipline

2016 BCSC 459 Brissette v. Cactus Club Cabaret Ltd. concerns defamation allegations made by a patron against an employee server in a Cactus Club restaurant. The case provides a thorough defamation analysis in the context of an employment situation. Usually…

Federal Employee Termination Regime

by Johannes Schenk / On March 31, 2016 / In Employment Law, Litigation, Professional Discipline

Atomic Energy of Canada Limited v. Wilson deals with the matter of terminations of Federal non-union employees. Non-union federally regulated employees find themselves in a grey area when it comes to employment termination. The usual analysis requires cause for a…

Ghomeshi lawyer criticizes Mulcair

by Johannes Schenk / On March 30, 2016 / In Employment Law, Litigation, Professional Discipline

Jian Ghomeshi's lawyer, Marie Henein, has taken Tom Mulcair to task for tweeting #IBelieveSurvivors on the day that her client was acquitted of sexual assault charges, suggesting the NDP leader is just seeking to get votes.Source: 'It sure does get…

R. v. Ghomeshi, 2016 ONCJ 155 (CanLII)

by Johannes Schenk / On March 24, 2016 / In Litigation, Professional Discipline

Source: Decisions | Ontario Court of Justice The Ghomeshi decision. The decision is well worth a read to see how the Court determines witness credibility, or in this case witness non-credibility, and further how that ties into reasonable doubt. It…

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