Category Archives: Posts
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
Divergent case authority on whether ATE insurance premiums can be claimed against an opposing party in Ontario and British Columbia litigation
Providers of After The Event (ATE) insurance have been marketing in British Columbia extensively as of late. Until recently the … Read more
B.C. Supreme Court confirms that an “occurrence based” policy will ordinarily be triggered by the event of loss, rather than the allegedly negligent act that caused it.
Generally speaking, occurrence based policies provide coverage for occurrences that happen within the policy period regardless of when a claim … Read more
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
The BC Supreme Court publishes first set of reasons granting leave to appeal from a Strata decision of the Civil Resolution Tribunal
Introduction In The Owners, Strata Plan BCS 1721 v. Watson, 2017 BCSC 763 (“Watson”), Mr. Justice Kent of the BC … Read more
Special Costs Imposed for Insurer’s Failure to Provide Disability Benefits Tanious v. the Empire Life Insurance Company, 2017 BCSC 85
In Tanious v. the Empire Life Insurance Company, 2017 BCSC 85 the BC Supreme Court has further clarified the circumstances … Read more
Municipal Liability: section 736 of the Local Government Act is not a statutory limitation period
Anonson v. North Vancouver (City), 2017 BCCA 205 In an update to our briefing note last year[1], the Court of … Read more
The British Columbia Court of Appeal (BCCA) draws bright line test on special costs – pre litigation conduct cannot be considered.
Mr. Justice Goepel very recently provided reasons in Smithies Holdings Inc. v. RCV Holdings Ltd.[1] [Smithies]. This was an appeal … Read more
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
Civil Resolution Tribunal
With the anticipated expansion of the Civil Resolution Tribunal (“CRT”) this year to small claim disputes, it is important for … Read more