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October 2020

  • Image: "File:A skeletal doctor testifies at court. Lithograph by L. Crusi Wellcome V0042242ER.jpg" is licensed under CC BY 4.0
In Cambie Surgeries Corporation v British Columbia (Attorney General), the court expressed concerns about the impartiality and independence of certain experts. The plaintiffs sought to have certain provisions of the Medicare Protection Act declared unconstitutional. Patients, they said, should not be...

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  • Image: "Pension Plan - retired couple on a stack of coins" by verchmarco is licensed under CC BY 2.0
In Fraser v. Canada (Attorney General), the Supreme Court of Canada recently held that the RCMP violated the Canadian Charter of Rights and Freedoms (the Charter) for women who job shared. This case involved indirect, or adverse effect, discrimination. This occurs...

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  • Image: "The Bait" by nist6dh is licensed under CC BY-SA 2.0
The Supreme Court of Canada, in a recent unanimous decision in Matthews v. Ocean Nutrition Canada Limited, restored an award exceeding $1 million to a constructively dismissed employee. In so doing, the Court affirmed that it remains: … resolute in asserting that...

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  • Image: "Job search" by slightly everything is licensed under CC BY 2.0
Recently, in Dubois v. Milne, the B.C. Court of Appeal considered a claim for an oppression remedy in the wrongful dismissal context. The oppression remedy is a powerful way of addressing misconduct that has harmed a “shareholder.” Section 227(2) of the Business...

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  • Image: "Never Give In !" by Neil. Moralee is licensed under CC BY-NC-ND 2.0
In 2002, the provincial government amended the Workers’ Compensation Act. The amendments made it more difficult for injured workers to receive compensation for their workplace injuries. Earlier this year, B.C.’s Workers Compensation Act was amended. Significantly, a legislative provision which had attempted...

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