The Supreme Court of British Columbia recently decided that misleading or inaccurate statements made by an employer during pre–employment discussions can result in liability for negligent misrepresentation. In the case before the court, an erroneous statement was made by the representative of the Defendant employer during a pre–employment phone conversation. The statement in question was in reference to the Plaintiff’s eligibility for the Defendant’s long–term disability benefits plan. As a result, damages awarded to the Plaintiff for the negligent misrepresentation totalled nearly $100,000.
Archives for September 2016
A recent Mediation Settlement from the BC Privacy Commissioner has raised an issue of particular interest to law firms, and other organizations which must meet “Know Your Client” requirements. The item is brief, but seems to suggest that free legal advice doesn’t trigger the “Know Your Client” provisions imposed by various Law Societies for compliance with the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. According to this Mediation Settlement, only paid legal advice triggers that obligation.
A recent Globe and Mail article highlights the fears that new parents face as they contemplate returning to work after a parental leave. It also highlights the issues employers must address when those employees return to work. Since our employer clients often raise questions about post–leave matters, we would like to offer some helpful tips on this issue.