Be reasonable. No matter which side of the fence you are on the tempation to “stick” it to the other side is strong when you are in the heat of a dispute. For counsel, helping a client see their way through this phase of the litigation is an art unto itself. This is made somewhat […]
Your position at arbitration is only as good as the supporting evidence. Video evidence can be a compelling tool and the very qualities that make it compelling also make it invasive. This is particularly the case for surreptitious video evidence. As with other invasive evidence gathering methods, admissibility rules are relatively strict. These rules must […]
The matter of the BC Public School Employers Assoc. v. BC Teachers Federation, 2005 BCSC 1490, was before the BC Supreme Court today for penalty determination. The BCTF was fined $500,000.00. The case is an interesting read for the discussion on the difference between civil and criminal contempt and the outline of the factors used […]
It’s safe to say that BC continues to make labour law headlines. The telus strike and the teacher’s walkout are two big ticket items but there are other low key noteworthy matters that merit attention. One such case is, Paramedical Professional Bargaining Assn v. Health Employers Assn.of British Columbia, 2005 BCCA 42, in which the […]
The results from alcohol tests are easier to work with than drug test results because of the more direct correlation between alcohol levels and impairment. In the case of testing for drugs you often see the argument that system drug levels do not necessarily correlate to present impairment. Having a pharmacology background I have had […]