It will come as no surprise that I remain interested in cases that deal with doing business with family and friends where the relationship breaks down and the parties end up in court. A recent decision of Madame Justice Burke reminds us just how far these disputes can go and how expensive they can be.. read more →

Having a written enforceable contract is important as readers of my blog will know primarily because it can limit an employer’s liability for termination without cause by limiting the amount of notice the employee would be entitled  at common law (see related blog on 2016 notice cases).  But there are other important terms in a.. read more →

27 Jan 2017
January 27, 2017

BONUSES ON TERMINATION

In a wrongful dismissal action the amount of damages will be determined by the court on the basis of putting the employee “in the same position as he would have been if he had been given reasonable working notice.”  In most cases the key compensation component is salary so that is easily determined.  But in.. read more →

27 Jan 2017
January 27, 2017

REASONABLE NOTICE ROUNDUP FOR 2016

The most common question from clients with respect to terminations without cause and without notice in the absence of an enforceable agreement is “How Much Notice?”.  Courts will look at four key elements to determine how much is reasonable notice:  age, length of service, position and the availability of similar employment having regard to the.. read more →

25 Sep 2016
September 25, 2016

MITIGATION AIN’T WHAT IT USED TO BE

It’s getting increasingly tougher to give a clear statement to clients about their legal rights and obligations.  Take for example the issue of termination for cause for dishonest conduct.  Up until 2001, BC counsel would generally advise their clients that dishonesty would always constitute cause for termination based on a leading Court of Appeal decision. .. read more →