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By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read May 5, 2023

A change to family status discrimination?

A recent decision of the British Columbia Court of Appeal appears to have changed the criteria for the type of employer conduct that will constitute prima facie discrimination on the basis of family status.

Article by Rudner Law, Employment / HR Law & Mediation / Human Rights / British Columbia Court of Appeal, discrimination, duty to accommodate, employment law, family status, Family Status Accommodation, Family Status Discrimination, family status test, Health Sciences Association of B.C. v. Campbell River and North Island Transition Society Leave a Comment

By McCarthy Tétrault LLP | 5 Minutes Read March 20, 2023

When the chips are down – BC Court of Appeal provides guidance on force majeure, frustration and declaratory relief

force mejeureIn Interfor Corporation v Mackenzie Sawmill Ltd, the British Columbia Court of Appeal dismissed an appeal from a summary trial decision ordering declaratory relief. Interfor confirms that the presence of a force majeure provision does not displace the doctrine of frustration; rather, a force majeure provision can signal whether the parties foresaw the events alleged to have frustrated the contract. Interfor also teaches that a force majeure provision that permits a party to “discontinue or curtail delivery” without liability does not permit the party to terminate its obligations permanently.

Article by McCarthy Tétrault LLP / Business, Finance and Accounting / British Columbia Court of Appeal, contract, declaratory relief, force mejeure, frustration of contract, liability Leave a Comment

By Kevin Sambrano, Sambrano Legal Services | 3 Minutes Read February 24, 2016

Sex based discrimination and poisoned work environment

Does an employee have to be “sexually” harassed in order for there to be a breach of the Human Rights Code? This issue was determined in a recent decision from the Human Rights Tribunal of Ontario.

Article by Kevin Sambrano, Sambrano Legal Services / Employee Relations, Human Rights, Payroll, Union Relations / British Columbia Court of Appeal, compensation, damages, discrimination, discrimination on the grounds of sex, employment law, employment relationship, Faryna v. Chorny, Hill v. Intersteam Technologies Inc., Human Rights code of Ontario, injury to dignity, injury to feelings and self-respect, Kelly Hill, Kevin Sambrano human rights paralegal, monetary awards, Ontario Human Rights Tribunal, poisoned work environment, policies and procedures, prohibited grounds of discrimination, sexual harassment, the Human Rights Code, workplace, workplace environment, workplace sexual harassment

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