Kornfeld LLP Updates

While it is trite to say that all industries have been affected by the COVID-19 pandemic, very few have been...… Keep Reading

On August 23, 2021, the Government of British Columbia announced that, commencing September 13, 2021, it would require proof of...… Keep Reading

Human Rights Code of BC does not protect personal preference not to wear a mask when shopping   The BC...… Keep Reading

In the 2020 decision of Lyft Canada Inc. v United Food and Commercial Workers International Union, Local 1518, 2020 BCLRB...… Keep Reading

Download as PDF On February 19, 2021, the Supreme Court of the United Kingdom unanimously decided that Uber drivers are...… Keep Reading

On March 23, 2020, the Employment Standards Amendment Act (No. 2), 2020 received Royal Assent.  Here are the highlights of...… Keep Reading

Print version available here. In British Columbia, B.C. Employment Standards Act1 (“B.C. ESA”) governs the relationship between employers and employees with...… Keep Reading

Print version available here Temporary Layoff Law in British Columbia, Alberta, and Ontario . I. INTRODUCTION In a fluctuating economy,...… Keep Reading

When an employee is wrongfully dismissed and the court determines that the employee is entitled to damages in lieu of...… Keep Reading

One of the most significant mistakes a business owner can make when it comes to engaging a worker is classifying...… Keep Reading

The Potter Decision – When an Administrative Suspension Goes Too Far   By Alisha Parmar and Shafik Bhalloo   The...… Keep Reading

By Alisha Parmar and Shafik Bhalloo Introduction Non-competition clauses are hardly a rarity in employment contracts. The classic non-competition clause...… Keep Reading

  INTRODUCTION In today’s workplace, privacy is an evolving issue and Canadian privacy law is developing rapidly. Perhaps surprisingly, only...… Keep Reading

INTRODUCTION The steps to receiving a suspension when appealing a determination of the Director of Employment Standards (the “Director”) to...… Keep Reading

  by Devin Lucas and Shafik Bhalloo In IBM Canada Limited v. Richard Waterman[1], Richard Waterman (“Waterman”) was employed by...… Keep Reading

Employment Contracts and Fresh Consideration By Shafik Bhalloo, Sasha Ramnarine, Devin Lucas   What is “consideration” in a contract?  ...… Keep Reading

Limiting Common Law Notice in Employment Contracts By Shafik Bhalloo and Devin Lucas It is settled law in Canada that...… Keep Reading

By Shafik Bhalloo In a recent criminal decision, R. v. Cole [1], the Supreme Court of Canada provided much needed...… Keep Reading

 By Devin Lucas and Shafik Bhalloo In Globex Foreign Exchange Corporation v. Kelcher[1], three employees, David Kelcher, Mark MacLean, and...… Keep Reading

*By Devin Lucas and Shafik Bhalloo In Fasken Martineau DuMoulin LLP v. British Columbia (Human Rights Tribunal)[1], the equity partner,...… Keep Reading

  What does the Employment Standards Act say about overtime wage for managers?   Section 40 of the British Columbia...… Keep Reading

  By Shafik Bhalloo* Like the mythical sasquatch, the Loch Ness monster, or the abominable snowman, most of us have...… Keep Reading

Importance of Employment Contracts  The importance of having a written and executed employment contract is invaluable for both the employer...… Keep Reading

Does an employee have a duty to mitigate where there is a fixed severance entitlement set out in the contract...… Keep Reading

Refusal to work during working notice period does not extinguish employee’s right to damages In Raymond Giza v. Sechelt School...… Keep Reading

Canadian courts adapting to new technologies Courts and law have often been criticized for being slow moving and not keeping...… Keep Reading

Can an employer discipline or terminate an employee for cause for her off-duty conduct? This question, no doubt, was at...… Keep Reading

Common Law Tort of Invasion of Privacy: while British Columbia, Saskatchewan, Manitoba and Newfoundland all have general privacy legislation creating...… Keep Reading

How much is the minimum wage in BC? Minimum wage applies to all employees regardless of how they are paid-hourly,...… Keep Reading

Workplace use of spyware surveillance in BC The issue of employees’ misusing company computers is commonplace.  In 2000, Xerox was...… Keep Reading