Macaraeg v. E Care Contact Centers Ltd., 2008 BCCA 182, deals with the issue of whether rights under the Employment Standards Act can form the basis of a civil action. Answer: no. Mr. Justice Chiasson states for the Court: Summary [100] In my view, the learned chambers judge erred in concluding that rights granted by […]
M.D.A. Marine Design Associates Ltd. v. British Columbia Ferry Services Inc., 2008 BCSC 1432, lays out a great professional reputation defamation analysis applicable to contract and employment scenarios.
Miller’s Landing Pub Ltd. v. Liquor Control Licensing Branch (General Manager), 2009 BCSC 1352, outlines an excellent BC perspective on Judicial Review standards. It isn’t quite as simple as just applying correctness or reasonableness.
This week sees the BC Supreme Court issue a ruling in Blackmore v. British Columbia (Attorney General), 2009 BCSC 1299, that says once the AG makes a decision not to prosecute a criminal matter, that decision is final. The AG may not then have the matter further reviewed and decide to prosecute the matter. Especially […]
Shafron v. KRG Insurance Brokers (Western) Inc., 2009 SCC 6, deals with post employment restrictive covenants. I always have found the drafting of some of these covenants to be poor and at best examples of bet hedging. Well that’s all over now. The covenant must now be precise and reasonable.