In a recent case from British Columbia, Manak v. Workers’ Compensation Board of British Columbia (cob WorkSafe BC), 2018 BCSC 182, the court held that an employee’s repeated breaches of a confidentiality policy justified the employer to terminate her employment for cause. In employment law, for cause terminations are exceedingly difficult to prove with the…
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In a recent case out of Ontario, Chambers v. Global Traffic Technologies Canada Inc., 2018 ONSC 2000, the court maintained that bonuses earned by an employee prior to termination or during the reasonable notice period are, in fact, payable to the employee despite their being terminated from his/her employment. Additionally, the court awarded nine months’…
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In the Fall of 2018, the BC Provincial Government will introduce a new speculation tax on residential property. This tax will target foreign and domestic speculators who pay little or no income tax in BC as well as satellite families (families who pay little income tax in BC and have high worldwide income). The BC…
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An owner sued the strata corporation and the strata corporations’ property manager alleging she suffered injuries as a result of inhaling toxic paint fumes when a painting company engaged by the strata corporation repainted the common property hallways and stairways in both of the strata buildings: Wingrave v. Pure Painters Inc. ,2018 BCSC 58. The owner’s…
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When purchasing any real estate, the onus falls on purchasers 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 subject condition in the Contract of Purchase and Sale allowing them to review and approve…
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I am sure you have all heard in the media that ICBC and the NDP have teamed up to make a plan to cap compensation for pain and suffering for innocent victims who are injured in car accidents at a maximum of $5,500. What you may not have heard is that they also intend to…
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In a recent Ontario Court of Appeal decision, Sataur et al. v. Starbucks Coffee Canada Inc. et al., 2017 ONCA 1017, the liability of an employee’s wrongdoing, even during the course of their employment, was deemed to potentially attract personal liability, rather than shifting the liability to the employer. The plaintiff in this case, Sataur…
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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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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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Most Canadians would likely agree that we live in a fair and democratic society with a good rule of law. Within such a societal structure, one should expect to have the power to decide when to sell their own home. How would you feel if you discovered that there is an application in court…
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