McKinley v BC Tel [2001] 2 S.C.R. 161 The one thing the B.C. Court of Appeal has been known for in the area of employment law is the certainty their decisions often bring to the discussion.  Certainty in judicial pronouncements and laws is what all businesses crave.  This is ever so true in defining what.. read more →

21 Nov 2014
November 21, 2014

FAMILY FEUD #2 – FAMILY BUSINESSES, TAKE NOTE

In my September 2010 Newsletter I reported on a case where two brothers were fighting each other over who had the right to hire and fire a certain employee. By the time the dust settled the employee was awarded almost $100,000 from the Employment Standards Branch, subsequently reduced on judicial review, and the legal fees.. read more →

Most cases that I report on deal with one or two topics of interest. Now and then a case comes along that deals with a number of aspects of a wrongful dismissal wherein the court summarizes and applies the law in a number of areas. A good example of this is the recent decision of.. read more →

Most people would be surprised to hear that an equity partner in Fasken, a national law firm, had filed a complaint with the BC Human Rights Tribunal (“Tribunal”) claiming the protection of the Human Rights Code against age discrimination when he was forced to retire and leave the partnership. Mr. McCormick had been an equity.. read more →

The B. C. Human Rights Code (“Code”) provides a unique remedy in section 37. The Tribunal may award an amount “to compensate that person for injury to dignity, feelings and self-respect or to any of them.” This provision was introduced in 1992 to remove a cap of $2,000 that the statute prescribed: see Dupuis v.. read more →