lady justice human rights complaints

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.

Background

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.

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BC Courts Hinkson Decision 2021

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.

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BC Law Firm Obtains $373,000 Win for Sexual Assault Victim | HOM Law

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.

You can find the court’s decision about our client’s claim here, and a recent Vancouver Sun article about this decision and our client’s significant damages award here.

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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:

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severance packages bc

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.

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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.

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divorce, separation agreement and spousal support lawyers in Victoria BC

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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Watch our latest video with Ascend Legal 101 where we discuss ICBC’s new Enhanced Care coverage, the “no fault” car insurance in BC, and more. Listen to our chat to learn more about this topic as well as our professional opinions on the matter.

Our Video on ICBC Enhanced Care and “No Fault” Car Insurance in BC

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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.

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construction-law-bc

The present pandemic has created never before seen issues and challenges in the building industry. At HOM, we pride ourselves in always staying ahead of the curve and up to date with all legal issues that could arise for our clients.

The construction lawyers at HOM have over 100 combined years of experience in dealing with every facet of the construction law industry, having represented homeowners, developers, contractors, subcontractors, and suppliers. We can also deal with any facet of real estate development, from concept to sale.

Lorenzo G. Oss-Cech, our team leader in this area, has litigated countless matters in the construction industry. He, along with his then partners, were one of the first lawyers to start the “leaky condos” wave of litigation in the early 1990s. Our team of experienced litigators can help with every issue including, during and after construction disputes, builders liens, contract disputes, delay claims and issues of active concealment if you find undisclosed damage after you purchase.

At HOM, we understand that project delays can be costly and add unnecessary stress. We strive to resolve matters quickly and economically efficiently for all our clients.

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