Litigation – Page 17 – Schenk & Associates

No Pipeline Injunction for Burnaby

by Johannes Schenk / On October 2, 2014 / In Litigation, Municipal Law

Burnaby (City) v. Trans Mountain Pipeline ULC, concerns some of the machinations underlying the Burnaby pipeline project. In this particular case the City of Burnaby applied to the Courts, outside of the National Energy Board process already underway, for an…

BC Architects and Engineers Do Get Builder’s Liens

by Johannes Schenk / On October 2, 2014 / In Employment Law, Litigation

Stanley Paulus Architect Inc. v. Windhill Holdings Ltd., deals with issue of Architects, Engineers and builder's liens. Bottom line is that Architects and Engineers do get builder's liens as long as something was built. If the project doesn't at least…

No Rent Increase Allowed for Crest Group Holdings Ltd.

by Johannes Schenk / On August 29, 2014 / In Litigation, Municipal Law

Crest Group Holdings Ltd. v. British Columbia (Attorney General). The decision to deny a rent increase allowance for this 71 unit trailer park was confirmed as reasonable.

Vancouver Police Board Liability

by Johannes Schenk / On May 27, 2014 / In Employment Law, Human Rights Law, Labour Law, Litigation, Municipal Law, Professional Discipline

Gulkison v. Vancouver Police Board, 2014 BCSC 669 , concerns liability of the Board of Police Commissioners for actions of City of Vancouver Police Department members. Justice Burnyeat held that the Vancouver Police Board is liable for any liabilities or…

Employment Termination Agreement and Restraint of Trade

by Johannes Schenk / On March 15, 2014 / In Employment Law, Labour Law, Litigation

Rhebergen v. Creston Veterinary Clinic Ltd., 2014 BCCA 97 concerns a form of post-employment non-competition agreement. These types of agreements being in the nature of a restraint on trade must be reasonable. Courts will hold overbroad conditions unenforceable. Be careful…

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