Author Archives: Shauna R. Gersbach

Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v. Wall: judicial review of procedural fairness questions for religious organizations and voluntary associations

  In Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v. Wall,  2018 SCC 26 (“Wall”), the Supreme Court confronted conflicting … Read more

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Workplace Harassment post-Schrenk – Widening the scope of protections

In a recent decision of the Supreme Court of Canada, BCHRT v Schrenk 2017 SCC 62, the SCC (majority 5:2) … Read more

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Performance Management Pitfalls and How To Avoid Them

While it is trite to say that an employer is able to terminate an employee’s employment, it can only do … Read more

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We’re just not that into you – how to terminate a probationary employee – Ly v. Interior Health Authority

The concept of “probation” in an employment contract is often taken for granted. The mistaken assumption is that, during the … Read more

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Lessor’s exposure for motor vehicle claims against lessees/drivers

Stroszyn v. Mitsui Sumitomo Insurance Company Limited, 2014 BCCA 431  In reasons for judgment released November 6, 2014, the BC … Read more

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Insurers face $4,950,000 in Punitive & Aggravated Damages (Branco v. American Home Assurance, et al. 2013 SKQB 98)

A Saskatchewan trial court’s harsh rebuke of two insurers’ handling of a long-term disability claim has given rise to an … Read more

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