HOM successfully argues dismissal of family law claim for being two-weeks too late. Acting for the Respondent in a family law matter, HOM lawyer, Esteban T. Kähs, persuaded the Court to dismiss the Claimant’s division of asset and spousal support claims summarily for being filed with the court two weeks too late. As noted in […]
Are you a worker injured in a motor vehicle collision?
You may have a choice on how to obtain compensation for your injuries.
If you are a worker injured as a result of someone else’s negligence, and the negligent party is not an employer or another worker acting in the course of their employment (i.e. protected by the Workers Compensation Act), then you can claim compensation from WorkSafeBC (as a worker) or start a law suit against the negligent person. This is called an “election” and this page discusses how you can use this process for your benefit.
If the potential defendant is a worker or employer acting in the course of employment, then you do not have a choice. The Worker’s Compensation Act legally requires you to seek worker’s compensation through WorkSafeBC.
How do I know if I have an insurable interest?
This was a question that the lawyers at Hutchison Oss-Cech Marlatt recently argued on behalf of an insurance policy beneficiary. The insurance company denied the holder of the policy a fire insurance claim because – the insurance company said – there was no insurable interest. Hutchison Oss-Cech Marlatt disagreed. Ultimately, the defendant brought an application to dismiss the claim, but the court sided with us on the coverage of the insurance holder in Angleland Holdings Inc. v Lloyd’s Underwriters, 2021 BCSC 2019.
What is an insurable interest?
The factor that distinguishes an insurance policy from a bet at a Casino or wager is that a person has some relation to or concern in the subject of insurance (see Kosmopoulous v Constitution Insurance Co.,  1 SCR 2). For example, a person cannot take out an insurance policy on their neighbour’s home in case of fire or earthquake damage because they have no relation to or concern in the subject. However, if that person had an accepted offer to purchase that same property then they could purchase an insurance policy on that home.
In today’s blog post, we are looking at the BC Supreme Court decision of Verigen v Ensemble Travel Ltd, 2021 BCSC 1934. This decision provides an example of the types of issues employers can find with severance clauses in contracts and it also addresses an ongoing theme of employment dismissals during the pandemic.
The employer carries on business as an international travel agency cooperative with an office in Toronto. The plaintiff was a sales manager and business development director in the tourism and hospitality industry for 30 years. In late 2018, she applied for a position with the employer as its business development director for Western Canada and she was offered the job on February 5, 2019. Attached to the email was a formal offer letter, which the plaintiff accepted. The plaintiff started work on February 18, 2019.
In a recent judgment in the Trial Lawyers Association of British Columbia v British Columbia (Attorney General), 2021 BCSC 348, the issue before Chief Justice Hinkson was the constitutionality of legislation enacted by the NDP government, which, on April 1, 2019, moved the venue for deciding the value of motor vehicle accident claims from the courts to the BC Civil Resolution Tribunal (“CRT”).
The challenge was brought by the Trial Lawyers Association of B.C. whose mandate it is to protect the rights of individual British Columbians, including the right of access to the superior courts and the preservation of those courts’ independence and historic functions.
Hutchison Oss-Cech Marlatt recently obtained an award of $373,000 in damages for a sexual assault perpetrated by a massage therapist, in the case of N. M. v. Contreras-Ramirez, 2021 BCSC 1341.
Did you know that the British Columbia Employment Standards Act regulates employment agencies?
It is true. The BC Employment Standards Act sets out parameters governing the definition and regulation of employment agencies in British Columbia.
Section 1 of the Act defines an employment agency as follows:
At Hutchison Oss-Cech Marlatt, we pride ourselves on providing up to date advice and information in employment law, including the impact of the COVID-19 Pandemic on employment law and the assessment of employment law claims. Dana G. Quantz at our firm has provided the below summary to help people consider their legal rights in this pandemic.
What is included in a severance package?
It is a frequent question that employees and employers have in trying to address the value of a severance payment to end an employment relationship. This blog post is going to set out a few of the items that need consideration when evaluating the fairness and completeness of a severance package. We assume for the sake of this blog post that people are clearly employees as different considerations apply to dependent contractors or independent contractors.
At Hutchison Oss-Cech Marlatt, we pride ourselves on providing up to date advice and information in employment law, including the impact of the COVID-19 Pandemic on employment law and the assessment of employment law claims. Dana G. Quantz provides the follow summary of an important case in employment law.
Is a unilateral lay-off a constructive dismissal?
In short, the answer is yes. In 2020, there were a significant number of lay-offs by employers with closures of businesses, government shut-downs, and employers and employees needing to accommodate themselves to the new reality of employment in the COVID-19 era.
In their recent Hall v. Hall, 2021 BCCA 115 decision, the BC Court of Appeal again considered how changes can be made to one’s spousal support despite prior agreement with an ex-partner.
Before reviewing the Hall v. Hall decision, it is important to understand what statutory provisions apply to this question – how separation agreements governing spousal support may be set aside or varied?
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