April 22, 2016 – Schenk & Associates

Employment Termination Mitigation

by Johannes Schenk / On April 22, 2016 / In Employment Law, Labour Law, Litigation, Professional Discipline

2016 BCCA 112 Steinebach v. Clean Energy Compression Corp. concerns mitigation upon employment termination. The underlying principles are well settled so I'm somewhat surprised to see this make it's way to the Court of Appeal.

Society director suspension is not a removal

by Johannes Schenk / On April 22, 2016 / In Employment Law, Litigation, Professional Discipline

2016 BCSC 718 George v. The B.C. Wildlife Federation concerns the powers of a society board of directors to manage the directorship. A director was suspended for allegedly harassing staff. A petition was brought before the court challenging the procedural…

ICBC tagged with $350,000 punitive damages for malicious prosecution

by Johannes Schenk / On April 22, 2016 / In Litigation

2016 BCSC 649 Arsenovski v. Bodin deals with malicious prosecution and investigative negligence on the part of ICBC. ICBC had accused the plaintiff of a fraud and initiated a criminal prosecution. That didn't work out well for them and resulted…

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