Mitigation is a basic principle of contract law. In the context of an employment relationship, a dismissed employee has to take all reasonable steps to minimize any losses that she has suffered as a result of her termination of employment. Generally, this means that an employee who has been dismissed must take reasonable measures to…
We’ve probably all done it at some point in our driving lives, whether we’ve been chowing down on a quick burger, switching radio stations or playing referee to a couple of battling siblings while we struggle to keep one eye on the road ahead. It’s called distracted driving and it’s a serious enough issue that…
There is a growing concern within our society and the legal profession over the increasing inability of average Canadians to access the justice system. Improving access to justice will require innovations in a variety of areas, but an essential pillar of this will be the legal aid program funded largely by the Province, with limited…
As a law firm working in the field of personal injury law, many of the cases we encounter involve injuries sustained through motor vehicle accidents or motor vehicle incidents where pedestrians are involved. Several things play a role in contributing to accidents on our roadways, from weather conditions, alcohol consumption, recklessness, to the condition and…
Bullying is seldom out of the headlines these days. In one of my last articles, I discussed new cyberbullying legislation. In this article we will take a look at the new provisions of the Workers’ Compensation Act. They give workers the ability to make a claim where harassment and bullying have caused a mental disorder. …
Over the years this column has addressed the contentious and convoluted law governing wills and estates in British Columbia. The new British Columbia Wills, Estates and Succession Act aims to clarify this area of law. The Act comes into effect on March 31, 2014. The single Act consolidates and replaces four existing wills and estates…
Article by: Erika M. Swinton and Andrew Prior Obtaining compensation for injuries sustained in a motor vehicle accident can be frustrating. Careful documentation of the accident, your injuries, and related expenses helps ease the frustration. There are two main types of compensation arising from an accident, and both require proof of your losses. First, you…
Many things can happen along the way to a trial. Often a settlement is one of them. As a trial lawyer I recognize that having your day in court comes at a very high price. Lawyers’ fees are only part of that price. There is delay – civil cases take years to get to trial.…
Cyberbullying has been in the news recently due to several heart-breaking suicides of young women who were the victims of harassment and bullying on the Internet. Social media such as Facebook and Twitter expose vulnerable people to communications from others who, perhaps emboldened by the lack of face to face contact or by quasi-anonymity, say…
I often speak to employees who believe that since they do not have a written employment contract then they do not have a contract at all. If you have a job then you have a contract. If it is not in writing then it is an oral contract. Oral contracts of employment are just as…
