Courts Continue to Narrow Employees’ Duty to Mitigate
An employee who has been wrongfully dismissed is subject to a common law duty to mitigate his or her loss of income by making reasonable ... Continued
Setting Up or Expanding Your Business in Canada – Bringing Your Key Employees into Canada
In the January edition of Business Matters, we discussed the advantages of incorporating in British Columbia for foreign enterprises wishing to establish a Canadian subsidiary ... Continued
Courts Uphold Collective Bargaining Rights for BC Teachers’ Federation
On April 13th, 2011 the BC Supreme Court provided a significant victory for union rights in British Columbia when it rendered its decision in BCTF ... Continued
Recent BC Cases Continue the Debate – What is Bad Faith in Terminations?
The Supreme Court of Canada’s decision in Honda Canada Inc. v. Keays (“Honda”) suggested that awards against employers for bad faith in the handling of ... Continued
“I Quit!” – When is a Resignation Truly a Resignation?
In our previous article regarding bad faith, we referred to the February 18, 2011 decision Beggs v Westport Foods Ltd. in which the BC Court ... Continued
BC Minimum Wage Increases Announced
The BC Government has announced that the BC minimum wage will increase in 3 stages from $8.00/hr to $10.25/hr over the next year as follows: ... Continued
Recent Arbitral Decisions on Termination for Cause
Employers with unionized workforces know that it is always difficult to have a termination for just cause upheld in a unionized setting. This is because ... Continued
The Statutory Declaration – Good to Get, but No Guarantee
The regime for construction contracting is like a pyramid, with labour and materials ascending from workers and suppliers through subcontractors to the general contractor and ... Continued
Tis the Season to be Wary: Employer Liability for Alcohol Consumption
While employer liability for alcohol consumption is not limited to the festive season, it is during this time of year that employers are more likely ... Continued
Focus on Bonus and Incentive Pay
Executive compensation and bonuses have undergone much scrutiny and criticism in the aftermath of the what is being now called the ‘Great Recession’. The topic ... Continued
Unintended Consequences? Employment Standards Ruling May Undermine Bonus Pay Programs
This past summer, an Employment Standards Branch adjudicator ruled that a former employee was entitled to an award equalling 4% of the bonuses his employer ... Continued
Is Your General Contractor Covered (Part 2)? SCC Rules on Insurance Coverage for Project Damage
The Supreme Court of Canada has just issued an important judgment on liability insurance coverage for developers, construction managers, and general contractors. The SCC reversed ... Continued