One of the most common inquiries I receive in regards to my employment law practice is questions concerning the issue of constructive dismissal. It is a principle often misunderstood by both employers and employees alike. In practical terms, constructive dismissal describes a situation where the employer has not directly fired the employee, but rather, has…
I am frequently retained to review severance packages that have been handed to someone who has just been fired. Typically the package will contain a covering letter with an offer, details about any outstanding entitlement to benefits such as life insurance or pensions, a release, a recommendation to get independent legal advice, and a deadline […]
Recent decisions from British Columbia courts underline the risk to commercial landlords in misinterpreting their leases or otherwise assuming there is little risk in shutting down the business of an unprofitable tenant. Avoid the rush to terminate a commercial lease, and first, get the advice of a professional. In Shanahan v. Turning Point Restaurant Ltd.,…
This is an exciting development in the world of ADR – Alternate Dispute Resolution. Dispute resolution practitioners, myself included, applaud this kind of “thinking outside the box” that gives people more options for resolving disputes. If I have one concern with this new process it is that, with few exceptions, the parties cannot be represented […]
A truth told with bad intent Beats all the lies that you can invent – William Blake, Auguires of Innocence While this quote may ring true in theory, the courts are not so accepting. A recent BC Supreme Court decision against a couple who attempted to defraud ICBC in connection with a motor vehicle accident […]
I just recently finished a 2-week trial. This time the trial was judge alone. However, in the not too distant past, I had a 3-week jury trial. Jury trials and judge-alone trials are vastly different. In general, with some exceptions, any party to an action can elect to have a jury in a civil matter. […]
Living in beautiful B.C., there is a lot of interest in the legal status and availability of marihuana. The Federal Government has proposed improvements to Health Canada’s Marihuana Medical Access Program in order to save the government money and to provide safer access. On December 15, 2012, the Canada Gazette under Part 1 published the […]
When selling property with elderly clients, it is important to consider the power of attorney, joint tenancies, and probate. 1. Determine if there is a valid Power of Attorney in place A Power of Attorney is a legal document that grants to a person (sometimes called the “Attorney”) the right to sell and dispose of […]
Last year’s announcement by Premier Christy Clark of a new statutory holiday was to the delight of many employees across the province. The inaugural Family Day on February 11, 2013, brings the total to ten statutory holidays in British Columbia, sharing the honours with Saskatchewan for the most number of statutory holidays in the country. […]
No one wants to leave behind long, bitter and expensive litigation when they die. While having a will is a good place to start, there is more you can do to decrease the likelihood that your family will take to the courtroom after you depart. This article contains a few tips to protect your estate […]
