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