On June 29, 2021, I wrote a blog post about the decision in Hogan v 1187938 BC Ltd., 2021 BCSC 1021, where the BC Supreme Court confirmed that an employee’s receipt of Canada Emergency Response Benefit (“CERB”) payments after termination should be deducted from an award of damages for wrongful dismissal. That decision was released ...
Just like anything else in an employment relationship, the Employment Standards Act (the “Act”) defines the minimum that you must provide to employees in terms of vacation and vacation pay. A failure to comply with the requirements of the Act can have significant financial consequences. In addition to requiring you to comply, there are significant ...
More restrictions are being lifted in British Columbia on July 1 as the province moves to step 3 of its restart plan, which is a significant step towards normalcy. The state of emergency due to COVID-19 will end on June 30 at 11:59 p.m. With the end of the state of emergency, life for British ...
In the case of Hogan v 1187938 BC Ltd., 2021 BCSC 1021, the BC Supreme Court confirmed that an employee’s receipt of Canada Emergency Response Benefit (“CERB”) payments after termination should be deducted from an award of damages for wrongful dismissal. Facts Mr. Hogan started working at the defendant’s automotive dealership in 1998 as a ...
A recent Supreme Court of Canada decision, C.M. Callow Inc. v. Zollinger 2020 SCC 45, found that it was a breach of the contractual duty of honest performance to deliberately remain silent and not correct another party’s misapprehension regarding a state of affairs it knew was caused by its own misleading conduct. Facts In 2012, ...
Yesterday, Dr. Bonnie Henry announced that BC will be moving to Step 2 of the Restart plan. The decision to move to step 2 was based on satisfaction of specific criteria. The criteria for moving to Step 2 was that at least 65% of the 18 and over population had received their first dose of ...
Junior hockey players claiming to be employees – class action settlement not approved by court Facts In October 2020, the Superior Courts of Ontario, Alberta, and Quebec all declined to approve a $30 million settlement concerning the employment status of major junior hockey players who played in the CHL (OHL, WHL, and QMJHL). This has been ...
Facts In Hrynkiw v. Central City Brewers and Distillers, the plaintiff was 56 years old and the former chief financial officer of Central City Brewers and Distillers. He had been employed for 6 years and his employment title changed from controller to chief financial officer within the first year of employment. He also obtained a ...
It is very exciting to have found a new candidate to add to your team. It is often a long search to find the right person and once you do there can be a real push to get them started as quickly as possible. Before you make a verbal offer, make sure that you take ...
On Wednesday, June 2, our Workplace Law Group hosted an Ask Us Anything Employer Webinar: Covid Concerns in the Workplace panel discussion. The webinar provided insights from our panel of subject experts, Scott Marcinkow, Rose Keith, QC, Ryan Chan, Deanna Froese and Neal Parker. Check out the recorded session below. Workplace Hygiene and Safety 1. What is a COVID safety plan? (5:19)2. Who ...
