As the baby boomer generation see their children move out of the house and settle into their careers and family, some are now re-examining their marriages or long term relationships and considering what they want to do, and with whom, during their retirement years. According to Statistics Canada (Marital Status Overview: 2011), there were aContinue reading “Baby Boomers and “Grey” Divorces”
The Price of Termination – Dependent Contractors in the Workplace
One of the most significant mistakes a business owner can make when it comes to engaging a worker is classifying that worker incorrectly. Many business owners are aware that misclassifying an employee as an independent contractor can come with heavy repercussions, including being held liable for the various statutory deductions that should be made forContinue reading “The Price of Termination – Dependent Contractors in the Workplace”
The new Family Law Act- One Way to Lose Your Exclusion
Under the Family Law Act, S.B.C. 2011, c. 25 (the “FLA”), unless property is “excluded property”, property owned by at least one spouse upon separation is family property and presumptively to be equally divided. “Excluded property” includes property which is owned by one of the spouses before the relationship began, inheritances to a spouse andContinue reading “The new Family Law Act- One Way to Lose Your Exclusion”
The Potter Decision – When an Administrative Suspension Goes Too Far
The Potter Decision – When an Administrative Suspension Goes Too Far By Alisha Parmar and Shafik Bhalloo The Potter Decision – When an Administrative Suspension Goes Too Far Constructive dismissal is a fascinating concept for employment lawyers, employees, and employers alike. When an employer is found to have “constructively dismissed” an employee, itContinue reading “The Potter Decision – When an Administrative Suspension Goes Too Far”
Can an Arbitrator conduct his or her own Research? (Part 1)
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”