BC analysis for land claims based on adverse possession
2016 BCCA 113 Mowatt v. British Columbia (Attorney General) is a very interesting case on the matter of an adverse possession land claim involving longstanding historical evidentiary facts.
Harassing a Supervisor is not Discrimination
2016 BCCA 146 Schrenk v. British Columbia (Human Rights Tribunal) deals with discrimination against a supervisor. The Court of Appeal has ruled that the Human Rights Tribunal only has jurisdiction on matters “regarding employment”. An employment relationship must exist in terms of one party being able to dictate employment terms in order to attract legislative […]
Real Estate Council of British Columbia – Enforcement Expenses
You can see from the following enforcement expense list that a hearing needs to be well planned and highly considered to avoid unnecessary expense to a registrant. Enforcement expenses recoverable against a licensee by the Council under the Real Estate Services Act are as follows: for investigation expenses, $100/hour for each investigator; for an audit […]
Administrative Penalties Must deal with the “cost of doing business”
CanLII – 2015 SCC 41 (CanLII). This case concerns the constitutional validity of sections of the Income Tax Act and the principles behind administrative penalties.There are plenty of law firms like Fulmer May and Stuckey who can help you with this. The Court says this: [77] The magnitude of the sanction on its own is […]
BC Securities Commission $23.3 Million Fine Upheld
2016 BCCA 144 Michaels v. British Columbia Securities Commission. This case affirms a Securities Commission decision to penalize a registrant $23.3 million for breaches of the act, misrepresentation and fraud.