Facebook and Employment Law
I read a Toronto Star article today about employers looking for information on Facebook. The article appears hereThe fact is that in a number of scenarios Canadian law does protect your right not to...
View ArticleTevlinGleadle (Blair Curtis) wins Patrick Moore Jurisdiction Challenge
Patrick Moore, one of the key founders of Greenpeace is suing NextEnergy Inc. for wrongful dismissal damages in BC Supreme Court. NextEnergy Inc. applied for an order that the BC courts decline...
View ArticleLargest Punitive Damage Award for an Employment Case in Canada
On June 29, 2012 Chris Forguson completed a 3 week jury trial in Prince George. The plaintiff, Larry Higginson had been dismissed from the Babine sawmill in Burns Lake in October, 2009. The Babine...
View ArticleJ.P. v. Dominion Masonry Ltd., 2013 BCCA 184
Martin Sheard argued this important employment law matter both at trial and in the Court of Appeal J.P. v. Dominion Masonry Ltd., 2013 BCCA 184 (Groberman, MacKenzie, Harris JJ.A.). He was successful...
View ArticleSupreme Court of Canada sets Appeal Hearing Date in McCormick v. Faskens
TevlinGleadle (Murray Tevlin and John Chesko) are counsel for Mr. McCormick, a long serving partner at Fasken Martineau DuMoulin LLP (BC), in this important employment law case which addresses the...
View ArticleBC Supreme Court Rejects Just Cause Allegation against Manager with Abrasive...
Mr. Justice Goepel of the BC Supreme Court handed down comprehensive reasons for judgment on January 27, 2012 dismissing a just cause defence by the BC Liquor Distribution Branch in a wrongful...
View ArticleArticle 1
B.C. Lottery Corporation has recently terminated a large number of employees. Our understanding is that this reflects BCLC’s position that people are moving to online gambling, resulting in a need to...
View ArticleMcCormick and Beyond, Surprising edicts from out top court
Consider, if you will, what it would feel like to stand in front of the Supreme Court of Canada and face questions like: 'if what you're saying is right, wouldn't that mean you could eliminate...
View ArticleThe meaning of 'Severance'
I have noticed a lot of confusion in the news recently concerning what people often (and incorrectly) refer to as "severance packages." Here is what Wikipedia has to say: "A severance package is pay...
View ArticleNew Constructive Dismissal case from SCC
Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10 is the most recent time the Supreme Court of Canada touched on the issue of Constructive Dismissal. There was no earth-shattering...
View ArticleFuture Shop Group Termination under s. 64 Of the Employment Standards Act
Future Shop has fired an unknown number of employees, definitely exceeding 50. This is a group termination as defined in s. 64 of the Employment Standards Act.Certain other Future Shop locations are...
View ArticleAnother media story criticizing the government for honouring its contractual...
Here is yet another story where the press gets upset when the government honours its contractual obligations.You will never read a news headline akin to "sales force given enormous commission cheques...
View ArticleLiberals address public grievance with severance pay
It seems as though after any given election, at every level of government, Canadians bring a rash of complaints about severance payments made to ousted officials. Here is an article about a plan to...
View ArticleAn ounce of prevention - the value of workplace investigations
"Losing $100,000 a month is not good management." This might be so, but as with all aspects of my job, context is required to assess this comment. Here, I take issue with the word "losing."The quote is...
View ArticleLessons Learned from Tom Brady's Case
"With all due respect, Mr. Brady's explanation of that made no sense whatsoever" (I get to some legal stuff, trust me; not till the end though).The above comment was rendered by the majority of an...
View ArticleAn article about sexual harassment and (ever-so-tangentially) Donald Trump
Ok, I am sorry, I am truly truly sorry, but I am going to mention Donald Trump ever so briefly. I swear that this blog post will relate to Canadian affairs, though I wish my no-'u' neighbors to the...
View ArticleLaw students helping access to justice in BC
This post is intended as a piece of free publicity for the Law Students' Legal Advice Program. This program is run through the University of British Columbia's law school. Law students provide free...
View ArticleTrump Tramples Human Rights
I am inclined to wonder what colour the sky is in Donald Trump’s world. Please note that I generally prefer to avoid the fracas of Trump and his tweeting, but this week the leader of the free world...
View ArticleGoing to bat for physicians (and why Justin should too)
Once again, I find myself posting on a topic that pits my emotions against my professional instincts. I voted for Justin Trudeau in the last election for reasons I do not intend to get into in this...
View ArticleHarvey Weinstein - Let's Call it Like it is
The New York Times broke a story about Harvey Weinstein and his decades of sexual misconduct at work.Here is what Forbes had to say about the scandal.The Weinstein company board released a statement...
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