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British Columbia

  • 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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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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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, the legislation now acknowledges the Workers’...

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Lately, there is a dichotomy within B.C.’s justice system. As a result of concerns over COVID-19, B.C. courts have largely shut down, allowing only “urgent and essential matters” to proceed. This is a topic unto itself. Though efforts are certainly being made...

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Demand remains high for French immersion programs in Western Canada. Despite the high demand, many parents remain disappointed with the opportunities afforded to their children.  Constitutional Status The opportunity for children of Canadian citizens to study French, whether by attending a Francophone school...

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Last week, we looked at the Supreme Court of Canada’s recent decision in Conseil scolaire francophone de la Colombie-Britannique v. British Columbia. That decision confirmed that the Province of British Columbia unjustifiably infringed section 23(1) of the Canadian Charter of Rights...

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Amid fears over corona virus and declarations of emergency, many employers moved away from physical workplaces, toward either requiring employees to work remotely from home, or allowing employees to take leaves of absence. British Columbia’s state of emergency has now been...

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What legal framework governs B.C.’s response to covid-19?   The Emergency Program Act  (EPA), passed in 1993, is the principal legislation for responding to disasters and emergencies in British Columbia. If the Minster of Public Safety, or the entire cabinet, is satisfied...

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British Columbia’s Employment Standards Act (ESA) has been amended in response to concerns regarding covid-19.  The amendments are now in effect. They include two new job protected unpaid leaves of absence: a covid-19 related leave; and an unpaid illness or injury leave. BC’s...

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