Hinkson Decision: Preserving the Adjudicative Power of the Court, and What It Means to All British Columbians

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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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Regulation of Employment Agencies in BC

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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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Wrongful Dismissal and COVID-19

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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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Safe Work Environments and Refusal to Work – BC Employment Law in a Changing World – Part I

Watch our latest video with Ascend Legal 101 where we discuss BC employment law in a changing world. With the COVID-19 pandemic still present, some people may be refusing to work due to concerns of unsafe work environments. Listen to our chat to learn more about this topic as well as our professional opinions on the matter.

Our Video on BC Employment Law in a Changing World

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COVID-19, Safe Work Environments, and Worker Compensation

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The Workers Compensation Act provides workers with access to benefits for injuries or illnesses that they have suffered in the course of and arising out of their employment. In the right circumstances, a workplace condition can include an infectious disease such as COVID-19. The WorkSafeBC policy requires the individual to have part of their employment be a factor that increases the likelihood that they will become exposed to COVID-19. While this policy was likely drafted with hospital and medical staff in mind, it also likely includes grocery store clerks, pharmacy workers, truck drivers, and other essential workers.

The requirements for compensation under WorkSafeBC for COVID-19 are:

  1. Evidence that the worker has contracted COVID-19, either through a medical diagnosis in a medical report, or non-medical factual evidence where other evidence establishes the existence of COVID-19.
  2. The worker’s employment created a risk of contracting the disease significantly greater than the ordinary exposure risk of the public at large.

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Discrimination Claim & BC Human Rights Tribunal. Should You Wait to Gather Evidence Before Filing?

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In short, no. If you believe that you have a potential claim, then you need to set out your factual allegations and claims before the time limit set in the BC Human Rights Code. That goes for most claims and is also true for the work discrimination case example below.

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How Much Does a WorkSafeBC / WCB Lawyer Cost?

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What does HOM charge for WorkSafeBC / WCB cases?

Our firm charges a standard hourly rate plus applicable taxes and expenses. The hourly rate will range based on the experience of the lawyer you hire to work on your case from $275 per hour to $450 per hour. In general, your bill should cost roughly the same regardless of the experience of the lawyer as the more experienced lawyer should take less time than a less experienced lawyer. Your end product should always be excellent.

Expenses depend upon the case and the need for evidence. They can range from straightforward office expenses of file opening fees, faxes, photocopying, printing, and courier expenses to more technical expenses such as court filing and service fees, clinical records, and expert report fees. Any expense that is going to cost more than $200 such as an expert report will be discussed with the client beforehand.

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Human Rights Complaints & Time Limitations to File Claims in BC

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Human rights is an important topic to all Canadians. The Canadian Human Rights Act (enacted in 1977) and the Canadian Charter of Rights and Freedoms (enacted in 1982), as well as the more provincial statutes such as the BC Human Rights Code form the basis for human rights in Canada. However, sometimes our basic human rights are breached. Although this can be an extremely personal and overwhelming situation to be in, it’s important to know the legalities of filing human rights claims if one chooses to do so. There are specific questions that need to be answered prior to filing claims. There are time limitations for filing these claims and these time limits can differ depending on the type of claim being filed. Please read on to learn more about what human rights claims are, as well as the file time limitations to file different types of claims.

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