Municipalities, by virtue of the wide array of services they provide and their extensive landholdings, are subject to the full spectrum of occupiers liability and other negligence type claims. One such category of claim is the diving accident, since this is important for injury accidents according to different locations, and have you ever thought: who […]
Administrative tribunals generally have a high degree of flexibility in determining what evidence they will hear in a given matter. They are not bound by the same rules of evidence that govern proceedings in Court. This brings on a degree of variability and uncertainty into administrative hearings that can make navigating these waters challenging for […]
Take a look at this article on workplace surveillance in Australia’s Lawyers Weekly. The article gives a brief outline of the recently implemented New South Wales WORKPLACE SURVEILLANCE ACT 2005. The Act lays down strict guidelines regarding surveillance of employee activity in the workplace. No cameras in washrooms, notice requirements for surveillance implementation, rules regarding […]
Municipalities and other organizations often use casual workers to meet manpower needs for specific skill sets, equipment, or seasonal work. The question can arise as to whether those workers are independent contractors or more in the nature of true employees. Zupan v. Vancouver (City), [2005] BCCA 9, examines the relationship between an individual hired by […]
Governmental authorities, including muncipalities, have the benefit of a policy defence in the case of negligence actions. The defence has been raised in scenarios including sidewalk and roadway maintenance, downed traffic signs, tree maintenance, facility maintenance, inspection cases, corrections cases, environmental matters and other operational areas. The argument being that policy decisions governing such operations […]