Constructive dismissal is one of the most confusing areas of employment law. Not all employer conduct is sufficient to trigger a legitimate claim for constructive dismissal and conduct that would otherwise seem innocuous may trigger a legitimate claim. Constructive dismissal happens when an employee resigns from their position because the employer has, without warning, materially…
Read More
In Ontario, the Employment Standards Act, 2000, requires an employer to continue all benefits during the notice period on termination of employment without cause. Meaning that on termination, an employee is entitled to all extended health and dental benefits that they had during their employment during the ESA notice period. This is not the case…
Read More
In BC, each property’s title is registered with the BC Land Title Office which includes a list of any and all charges that are actively registered against that property. What is a “charge”? Put simply, a charge is a legal instrument registered on title that notes some form of third-party interest, rule or entitlement that…
Read More
(A commentary by Nikita Gush, Articled Student and Dennis Ryan, Partner and Head of the Natural Resources Group, Doak Shirreff Lawyers LLP, Kelowna, BC © 2019) A new NAFTA? On November 30, 2018, the US, Canada, and Mexico signed a new North American free trade agreement called the United States Mexico and Canada Agreement (USMCA). …
Read More
While the general rule of thumb for the maximum reasonable notice that a court will award to a terminated employee hovered around 24 months. Regardless of the length of service or other factors, the line in the sand for maximum reasonable notice has slowly eroded over the past few years, particularly in Ontario Courts. This…
Read More
When Is a Statutory Building Scheme No Longer Enforceable? Unfortunately, the answer to that question is, “it depends”. A statutory building scheme is a document that is registered on title to properties within a subdivision imposing terms that limit what a homeowner can do with his or her property. Statutory building schemes can be very…
Read More
Once you have an accepted offer to purchase a property the very next thing you should do is send that contract to your Kelowna real estate lawyer. Real estate lawyers want your contract as early as possible so we can collect information on the property and so we have time to complete a title review. The…
Read More
With the recent legalization of cannabis in Canada, commercial real estate property and commercial leasing are in high demand for businesses seeking to operate legal cannabis dispensaries in Kelowna and throughout Canada. The Cannabis Act ensures a strict legal framework for controlling the production, distribution, sale, and possession of cannabis. In British Columbia, local, provincial and federal laws dictate…
Read More
Effective January 1st, 2019 there will be new changes to REDMA (Real Estate and Development Marketing Act). The changes pertain to the assignment of contracts for developments like Ella, One Water, Brooklyn, and other strata condos in town. With these new changes, if a purchaser wants to assign their contract before they complete their purchase…
Read More
Joint ownership of accounts between spouses is common and, in the majority of cases, advisable. However, we are frequently asked by clients if they should add an adult child to their bank accounts. This is almost always ill-advised. Joint ownership often comes with the “right of survivorship”, meaning that when one account owner dies, the…
Read More