Our Kelowna lawyers represent clients throughout the Okanagan Valley and the rest of BC. We have a diverse practice, from personal injury representation or wills and estate planning to commercial business law or real estate transactions.

employment law doak and shirreff kelowna lawyers

Refusal Of A Job Offer Does Not Constitute Failure To Mitigate

In a recent decision, Dussault and Pugliese v. Imperial Oil Limited, 2018 ONSC 1168, the court addressed the issue of the need for a plaintiff to mitigate their damages on termination and whether an offer by the successor company of the employer defendant of re-employment constituted reasonable mitigation. At the time of the termination, the […]

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electric vehicle parking space doak and shirreff kelowna lawyers

A Greener Strata: Electrical Vehicle Charging Stations

Electric vehicle (“EV”) charging stations are on the rise. Many strata owners are requesting the installation of charging stations. Recently, we have seen charging stations pop up around the city of Kelowna and throughout the Okanagan. those stations can be found here. An EV car can be charged by just using a regular 120 V […]

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employment law Doak Shirreff Kelowna Lawyers

Changing Employment Agreements Without Risking Constructive Dismissal Claims

Case Details Late last year, the Ontario Superior Court of Justice in Hagholm v. Coreio Inc., 2017 ONSC 7713, made a decision that addressed the issue of an employer’s unilateral amendment of an existing employment contract and whether such amendments can result in the constructive dismissal of a long-term employee. The plaintiff, in this case, […]

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employee who has given reasonable notice, Doak and Shirreff Kelowna Lawyers

18 Months’ Notice For Only 6+ Years Of Employment

On March 7, 2018, a decision was released by the Ontario Superior Court of Justice in which the court awarded a terminated employee damages equal to 18 months’ pay although the employee had only been employed for a little over 6 years. By all Canadian standards, this case demonstrates an extremely high notice requirement for […]

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The last will and testament of a person who has recently consulted with a lawyer

“Make A Will” Week 2018 Is Here!

Here is What You Need to Know… Next week (April 8th to April 14th) is Make a Will Week  here in British Columbia. Make a Will Week is an initiative that is supported by the government of British Columbia, encouraging the public to either create a Will or to review and update an existing legal Will. […]

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A strata building in Kelowna, British Columbia for sale

Purchasing A Strata Unit In Kelowna

Are you considering purchasing a unit in a strata/condo building or complex?   When purchasing any form of property, the onus falls on the purchaser to investigate the state and quality of the property they intend to buy. When considering units in apartments, condo buildings, townhouses, and even duplexes, purchasers should ensure they have a […]

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A group of friends get intoxicated during off duty hours

Can An Employee’s Off-Duty Conduct Constitute “Just Cause” For Termination?

 Whether it is drunken misadventures going viral on the internet, or hostile and negative social media rants, the nagging question remains; can an employer terminate an employee for “just cause” for the employee’s off-duty conduct?   The short answer is, it depends.  It depends on: the type of conduct; the proximity of the conduct to […]

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A female employee sits down with her superiors receiving the news that she has been terminated from her position

Ambiguous Termination Clauses Don’t Limit Notice Entitlements

  The Court of Appeal of Alberta recently released its decision in Holm v. AGAT Laboratories Ltd., 2018 ABCA 23.   Holm v. AGAT is a case regarding constructive dismissal in which the court focused on termination clauses in the plaintiff’s employment agreement, which limited notice to the minimums required under Alberta’s Employment Standards Code. In […]

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A group of fire fighters gather around at night at the scene of an impaired driving crash

Off-Duty Firefighter Wrongfully Terminated After DUI Arrest In Fire Department Vehicle

  A recent decision out of Kelowna, B.C., found a long-term West-Kelowna firefighter, Kerry Klonteig, to be wrongfully terminated after he was arrested for impaired driving in a Fire Department vehicle while off-duty. The plaintiff in Klonteig v. District of West Kelowna, 2018 BCSC 124, who had been a firefighter for the District of West […]

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An female employee that has been wrongfully terminated after being bullied at work

Bullied Employee Awarded Aggravated & Punitive Damages For Wrongful Termination

   In an undefended case out of Ontario, Horner v. 897469 Ontario Inc. o/a Superior Coatings, 2018 ONSC 121, a short term employee was awarded $10,000 for wrongful termination and an additional $30,000 in aggravated and punitive damages for the aggravation of her known depression and the callous manner of termination when the employer failed […]

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