Litigation – Page 15 – Schenk & Associates

Employment Mitigation: Re-employment offers

by Johannes Schenk / On August 14, 2015 / In Employment Law, Labour Law, Litigation

Fredrickson v. Newtech Dental Laboratory Inc., 2015 BCCA 357 concerns a termination and the employee's mitigation effort. The matter at hand involved an offer of re-employment by the terminating employer. I see this often and, and question how a terminated…

Local Government Defamation

by Johannes Schenk / On July 8, 2015 / In Litigation, Municipal Law

Milne v. Capital Regional District, concerns defamation by a local government. The case is unusual in that the alleged defamation arises from comments related to a public hearing posted on a local government website. The case seems to be somewhat…

Retaliation and Dismissal of Human Rights Complaints

by Johannes Schenk / On October 28, 2014 / In Employment Law, Human Rights Law, Litigation, Professional Discipline

Chiang v. British Columbia Human Rights Tribunal, deals with dismissal procedures on a human rights complaint under section 27 of the Human Rights Act. The case also deals with complaint driven retaliation. Of note are the tests outlined in this…

Oppenheimer Park Injunction

by Johannes Schenk / On October 15, 2014 / In Human Rights Law, Litigation, Municipal Law

Vancouver Board of Parks and Recreation v. Williams, concerns the Oppenheimer Park occupation. The injunction was issued last week to be effective today. Interestingly, the injunction was considered on a tri-partite test as opposed to statutory considerations on the basis…

Sorry Means Sorry

by Johannes Schenk / On October 7, 2014 / In Litigation

Vance v. Cartwright, concerns liability based on an apology. In BC an apology cannot be used to substantiate liability. Sorry just means sorry.

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