This topic can be divided into two parts – research of the facts and research of the law. This post will focus on whether an Arbitrator can conduct independent research of the facts outside of the evidence presented at the Arbitration. To read about the part of this question that deals with legal research, seeContinue reading “Can an Arbitrator conduct his or her own Research? (Part 1)”
The end of an era? Idle-O Apartments Inc. v. Charlyn Investments Ltd.
It is rare that a reasonably straightforward statutory provision receives consideration by the Court of Appeal three times within little more than a decade. Section 73 of the Land Title Act RSBC 1996 c.250 (“LTA”) is such a provision. Those inclined to technical arguments may protest this hat-trick was actually a joint effort between sectionContinue reading “The end of an era? Idle-O Apartments Inc. v. Charlyn Investments Ltd.”
Arbitration Caution: Be Careful about How You Conduct Yourself
In my last Case Comment, I examined some of the elements of the recent watershed Supreme Court of Canada decision, Sattva Capital Corp v. Creston Moly Corp, which provides a complete compendium on the application of the principles that are engaged where leave to appeal an arbitration award to the British Columbia Supreme Court is sought.Continue reading “Arbitration Caution: Be Careful about How You Conduct Yourself”
Wolf in Sheep’s Clothing: Creative Non-Competition Clauses
By Alisha Parmar and Shafik Bhalloo Introduction Non-competition clauses are hardly a rarity in employment contracts. The classic non-competition clause seeks to protect the business of an employer by prohibiting a former employee from, generally speaking, competing with the employer once the employment relationship is terminated. It is well-established that courts are unsympathetic towards non-competitionContinue reading “Wolf in Sheep’s Clothing: Creative Non-Competition Clauses”
Everything you always wanted to know about suspending a determination (but were too afraid to ask)
INTRODUCTION The steps to receiving a suspension when appealing a determination of the Director of Employment Standards (the “Director”) to the Employment Standards Tribunal (the “Tribunal”) can be confusing and full of potholes, so it is best to plan ahead and know the terrain. For applicants wanting to map out their route, this article willContinue reading “Everything you always wanted to know about suspending a determination (but were too afraid to ask)”
Strategies during the Arbitration
This is the third and final installment in the series on the topic of how arbitrations can be made more cost effective and efficient. The previous two articles considered strategies that could be deployed at the time the arbitration clause is negotiated and inserted in an agreement and strategies at the time the arbitration dispute arises.Continue reading “Strategies during the Arbitration”
Supreme Court of Canada Holds that Pension Benefits Should Not Diminish Damages for Wrongful Dismissal
by Devin Lucas and Shafik Bhalloo In IBM Canada Limited v. Richard Waterman[1], Richard Waterman (“Waterman”) was employed by IBM Canada Ltd. (“IBM”) for approximately 42 years before he was dismissed on March 23, 2009 without cause. Waterman, aged 65, was given two months’ notice. Prior to his dismissal, Waterman had been a long-standingContinue reading “Supreme Court of Canada Holds that Pension Benefits Should Not Diminish Damages for Wrongful Dismissal”
Arbitration: Strategies at the time a dispute arises
In my last article I looked at what could be done at the time the arbitration clause is negotiated to advance the efficiency and cost effectiveness of the Arbitration. How that process ends up will be a harbinger as to what can or cannot be done at the next stage, when the dispute arises. Regardless, what isContinue reading “Arbitration: Strategies at the time a dispute arises”
Strategies at the time the arbitration clause is negotiated
Perhaps the most important stage of the process to try to ensure the efficiency and cost effectiveness of an arbitration occurs when an arbitration clause is negotiated. Too often one sees an arbitration clause that merely refers the matter to arbitration in accordance with Commercial Arbitration Act [in B.C. now called the Arbitration Act]. ThatContinue reading “Strategies at the time the arbitration clause is negotiated”
Supreme Court in securities case expands scope of consumer class actions
The Supreme Court of Canada has opened the door more widely to consumer class actions in a case which follows an Ontario Securities Commission settlement: AIC Limited v. Fischer, 2013 SCC 69. The decision will be equally applicable to class action certification motions in British Columbia. One of the fundamental requirements to certification of a class action isContinue reading “Supreme Court in securities case expands scope of consumer class actions”