Posts by Yvonne
Government Announces Paid Vaccination Leave for BC Workers
April 29, 2021 update: On April 27, 2021, this amendment officially passed into law. BC workers are now entitled to this paid vaccination leave retroactive to April 19, 2021. On April 19, 2021, the BC Government announced its intention to amend the Employment Standards Act to provide workers with up to three hours of paid…
Read MoreExpedited Workplace Closures
Unfortunately, COVID-19 cases are once again on the rise in BC. With the increase in numbers, workplaces face new public health orders as well as reminders to keep up with the old ones. Expedited Workplace Closures Effective April 12, 2021, WorkSafeBC prevention officers have the power to issue closure orders to businesses where workers test positive…
Read MoreRights for Rivers – Quebec River Granted Rights and Legal Personhood by Indigenous Community and Local Municipality
Introduction Earlier this year, the Magpie River in Quebec (Muteshekau-shipu in the Innu language) was granted legal personhood by the Innu Council of Ekuanitshit and the Minganie Regional County Municipality (“Minganie RCM”). The idea of granting legal personhood to environmental resources in Canada could be a valuable tool for Indigenous communities to control environmental protection…
Read More“Malicious” Employer Conduct leads to Significant Aggravated and Punitive Damages Award
Aggravated and punitive damages are reserved by the courts for exceptional circumstances. In December 2020, the BC Supreme Court found that twenty-six-year-old Carly Fobert’s experience when she was dismissed from her employment at MCRCI Medicinal Cannabis Resource Centre Inc. (“MCRCI”) was one such exceptional circumstance. Ms. Fobert’s case (full decision here) also tackles other important employment…
Read MoreSelf-Interested Exercise of Contractual Discretion: SCC Issues New Decision on the Duty to Exercise Discretion in Good Faith (Part 2/2)
Blog Series – Update on the Organizing Principle of Good Faith Part 2 – Self-Interested Exercise of Contractual Discretion: SCC Issues New Decision on the Duty to Exercise Discretion in Good Faith Wastech Overview On February 5, 2021, the SCC issued its decision in Wastech on the duty to exercise contractual discretion in good faith. …
Read MoreUnfettered (but Honest) Termination of Contracts: SCC Issues New Decision on the Duty of Honesty in Contractual Performance (Part 1/2)
Blog Series – Update on the Organizing Principle of Good Faith Part 1 – Unfettered (but Honest) Termination of Contracts: SCC Issues New Decision on the Duty of Honesty in Contractual Performance Series Overview In recent months, the Supreme Court of Canada (“SCC”) has released two decisions which have provided guidance on the organizing principle…
Read MoreBC Human Rights Tribunal Issues Unprecedented Injury to Dignity Award
On January 28, the BC Human Rights Tribunal (“BCHRT”) issued a landmark decision granting the largest award for injury to dignity in BC’s history. The complainant, Levan Francis, was a former corrections officer for the Province who experienced discrimination based on his race and colour during his employment. This discrimination caused Mr. Francis’ mental and…
Read MoreThis Is The Way (for Federal Employers to Address Workplace Violence + Harassment)
For most of 2020, the new year seemed as out of reach as a galaxy far, far away. However, 2021 has finally dawned and with it the new Work Place Harassment and Violence Prevention Regulations (the “Regulations”) came into effect on January 1. In September, we provided you with a preview of these Regulations in Part…
Read MoreBC Litigation Practice Update – Lawyers to Provide Pronouns in Court
Slowly but surely, the legal profession in Canada has begun to grapple with discrimination in our profession and institutions. Individuals such as Hadiya Roderique, who published the seminal essay “Black on Bay Street” in 2017, have shone a light on how the legal profession excludes racialized, Indigenous, and diverse lawyers. The conversation has also highlighted…
Read MoreMandatory Vaccinations in the Workplace
Every day, Canadians are learning more about the regulatory approval and rollout of new COVID-19 vaccines. For many employers, this raises new questions about transitioning their workplaces back to “normal” including whether employers can require that employees get vaccinated against COVID-19. To take some of the guesswork out of your decision making, we have highlighted…
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