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”
Joint Retainers – Planning for Potential Conflicts
Litigation lawyers are often approached by multiple prospective clients to represent their similar interests. Such prospects may include multiple investors who purchased the same instrument; multiple creditors of a common debtor; multiple owners of land; multiple beneficiaries of an estate; or multiple passengers in the same motor vehicle. On occasion, there develops a falling outContinue reading “Joint Retainers – Planning for Potential Conflicts”
Enforceability of Restrictive Covenants in the Employment Context
By Devin Lucas and Shafik Bhalloo In Globex Foreign Exchange Corporation v. Kelcher[1], three employees, David Kelcher, Mark MacLean, and Luciano Oliverio entered into employment contracts with Globex Foreign Exchange Corporation, a business engaged in foreign currency exchange. In 2003, each employee signed a non-competition and non-solicitation agreement comprising restrictive covenants. MacLean agreed to theContinue reading “Enforceability of Restrictive Covenants in the Employment Context”
Live Free or Die Hard
Developers’ rights, if you can call them that, were eroded even further in the latest decision by the BC Supreme Court under the Real Estate Development and Marketing Act (REDMA). In Woo v. ONNI Ioco Road Five Development, 2012 BCSC 764, the Court found that a group of ten Plaintiff purchasers were entitled to rescindContinue reading “Live Free or Die Hard”
Forum Non Conveniens – When Our Courts Pass The Buck
Forum non conveniens is a legal doctrine which allows a court to decline to exercise its jurisdiction over a lawsuit, on the basis that a court in another forum, or jurisdiction, is more suitable or convenient. Normally, forum non conveniens arises when a defendant challenges a local court’s exercise of jurisdiction. In a recentContinue reading “Forum Non Conveniens – When Our Courts Pass The Buck”
Advertising Alone Is Not Enough To Establish Court’s Jurisdiction in Canada
The Supreme Court of Canada recently confirmed that in determining whether a “real and substantial connection” exists for a court to assume jurisdiction over a case involving a foreign accident or foreign defendant, advertising alone within a Canadian jurisdiction is not sufficient to establish that a business is being carried on there, regardless of whetherContinue reading “Advertising Alone Is Not Enough To Establish Court’s Jurisdiction in Canada”
Executor Conflict of Interest and the Administrator Pendente Lite – Considerations in Challenging the Validity of a Will in British Columbia
PDF version is available here The key functions of executors are to call in the estate assets, to manage them competently and to distribute them in accordance with the deceased’s wishes as set out in the will. In a perfect world, these functions would be performed by a person without any personal interest in theContinue reading “Executor Conflict of Interest and the Administrator Pendente Lite – Considerations in Challenging the Validity of a Will in British Columbia”