The Western Canada Business Litigation Blog follows new and interesting issues emerging in the legal and business communities. Our goal is to provide a source of valuable information and insight on a wide variety of matters for our readers.
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|“British Columbia Creditor’s Remedies, An Annotated Guide”||Annual, to date|
|Law Society Practice Checklists – Examination in Aid of Execution||Annual, to date|
|Governance Frameworks Can Be Just Window Dressing – Until They Aren’t
Rita C. Andreone, QC has drafted an article entitled "Governance Frameworks Can Be Just Window Dressing – Until They Aren’t." This article discusses topics in corporate governance.
|Craig Ferris, QC and Lisa Peters, QC contribute to Chambers and Partners International Arbitration 2017
Craig Ferris, QC and Lisa Peters, QC co-authored a chapter on "International Arbitration" for the 2017 Chambers Global Practice Guides. The chapter discusses key topics in Canadian arbitration law.
|Vancouver Introduces Empty Homes Tax
Vancouver’s new Empty Homes Tax became effective January 1, 2017.
Targeting the approximately 10,000 year-round empty and 10,000 under-occupied homes in Vancouver, homes which are unoccupied for six full months of the year or more, will be subject to the new 1% Empty Homes Tax (the “EHT”) imposed by Vancouver’s new Vacancy Tax By-law No. 11674 (the “By-law”). Homes that are determined or deemed to be vacant will be subject to an EHT equal to 1% of the property’s taxable assessed value in addition to the existing property tax. The EHT will be applied annually, with the first taxation year beginning January 1, 2017. The tax for 2017 would be payable by April 2018.
Click the above pdf to read more.
|SCC Upholds Decision of the Alberta Human Rights Commission that Dismissal of Cocaine-Addicted Worker was not Discriminatory
In Stewart v. Elk Valley Coal Corp., 2017 SCC 30, the Supreme Court of Canada upheld a decision of the Alberta Human Rights Tribunal which found that the termination of an employee in a safety-sensitive environment who tested positive for cocaine after a workplace accident did not constitute unlawful discrimination.
|Anti-Spam Private Right of Action Suspended
The Government of Canada has suspended the implementation of the private right of action in Canada’s anti-spam legislation (CASL).
The provisions in connection with CASL’s private right of action were scheduled to come into force on July 1, 2017. They would have given people the ability to seek damages against those who contravene certain sections of CASL, including the provisions with respect to sending commercial electronic messages, as well as certain sections of the federal Personal Information Protection and Electronic Documents Act.
Read more here.
|Alberta Fair and Family-Friendly Workplaces Act
On June 7, 2017, Bill 17, the Fair and Family-Friendly Workplaces Act, received Royal Assent. The Act makes significant amendments to the Alberta Employment Standards Code (the “ESC”) and Labour Relations Code (the “LRC”). The changes will affect all provincially-regulated employers in the Province of Alberta, both unionized and non-unionized.
Read a summary of these changes in the PDF above.
|Foreclosure Practices 2017: “Costs and Protective Disbursements”, CLE of BC, (May 26, 2017), Author||26.5.17|
|Honesty is a Defensible Policy: Reference Checks
The Ontario Superior Court recently confirmed in Papp v. Stokes et al., 2017 ONSC 2357 that an employer will not be held liable for defamation when it provides a truthful reference about a former employee.
It is important to note that:
• an employer should be careful to ensure that the information provided is accurate and must not act with malice in providing a reference, which includes acting with a reckless disregard for the truth; and
• while not addressed in this particular decision, employers in some Canadian jurisdictions, including private-sector organizations in British Columbia, must ensure that they have consent before disclosing any personal information about a former employee under privacy legislation.
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