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 →

TCF Ventures Corp. v. The Cambie Malone’s Corp. 2016 BCSC 1521 Can a corporation bring a “wrongful dismissal “action?  The answer is yes. TCF Ventures Corp (“TCF”) sued The Cambie Malone’s Corporation (“Malone’s”) for wrongful dismissal.  TCF was the incorporated entity of Tim Fernback who provided a range of financial and commercial services through TCF. .. read more →

A. INTRODUCTION The new BC Societies Act will come into force on November 28, 2016, replacing the current Society Act. The new Act will be more similar to the current legislation for both business companies and not-for-profit corporations in BC and other Canadian jurisdictions. The changes are significant. Most commentators agree that the upgrade is.. read more →

Readers of my blog and newsletters over the years will know I have one constant theme—employers should get enforceable written agreements for all employees and even “contractors”.  In that way the chances of expensive and time consuming litigation will be in most cases eliminated [I say ‘in most cases’ because as the case of Miller.. read more →