Skip to Content

British Columbia

BC announces ministerial regulation establishling timelines for BC Labour Relations Board decisions

Jurisdiction: - British Columbia

The BC Government issued a news release on March 21, 2012 announcing a ministerial regulation establishling timelines for BC Labour Relations Board decisions. Here's the release:

A ministerial regulation establishing timelines for Labour Relations Board decisions will ensure timely resolution of workplace disputes, Minister of Labour, Citizens' Services and Open Government Margaret MacDiarmid announced.

Labour Relations Board decisions will need to be managed within 180 days from the date an application is filed ensuring workplace disputes are quickly resolved. The new 180-day timeline includes the time to make submissions, conduct oral hearings and finalize the decision-making process involving matters under the Labour Relations Code.  read more »

Diana Juricevic appointed member of BC Human Rights Tribunal

Jurisdiction: - British Columbia

Diana Juricevic was appointed on February 16, 2012 as a member of the BC Human Rights Tribunal. Her bio states:

Before joining the BC Human Rights Tribunal, Diana Juricevic was a Legal Officer in the
Defence Support Section for the United Nations Assistance to the Khmer Rouge Trials of the Extraordinary Chambers in the Courts of Cambodia. She was also the Associate Director of the International Relations Program at the University of Toronto. Previously, she practised international criminal law before the International Criminal Tribunal for the former Yugoslavia, and she was also the Acting Director of the International Human Rights Program at the University of Toronto¿s Faculty of Law where she taught courses on international criminal law and human rights advocacy. In 2007, Ms. Juricevic was named by the Women's Executive Network as one of the Top 100 Most Powerful Women in Canada¿ and profiled in Chatelaine in 2008 as one of 80 Canadian Women to Watch. She holds her Bachelor of Arts (Honours), Bachelor of Laws, and her Master of Economics from the University of Toronto.

BCCA upholds ruling that disrespectful, inflammatory letter from employee's lawyer provided just cause

Jurisdiction: - British Columbia

In Grewal v. Khalsa Credit Union, 2012 BCCA 56, the BC Court of Appeal dismissed the appeal of a former branch manager at the Khalsa Credit Union. 

In a May 2011 decision, the trial court had ruled that a disrespectful, inflammatory letter from the employee's lawyer had "tipped the balance" in favour of  the employer having just cause for termination. The trial court's decision can be found here.

Court considers right to terminate disability benefits for failure to attend Independent Medical Exam

Jurisdiction: - British Columbia
Sector: - Retail Trade

In Nayyar v. Manufacturers Life Insurance Company/La Compagnie D'Assurance Manufactures, 2012 BCSC 28, the BC Supreme Court considered the right of the employer/disability plan administrator/insurer to terminate an employee's disability benefits for failing to attend an Independent Medical Exam ("IME").

Of specific value is this overview of the law on IME's that the court set out:

[120]     Given the continuing nature of a claim under a disability policy, an insurer is entitled to information concerning the insured in order to properly assess the claimant's ongoing entitlement to receive disability benefits: Paul Revere Life Insurance Company v. Patterson, 2002 BCSC 138 (CanLII), 2002 BCSC 138 at para. 12, 99 B.C.L.R. (3d) 189.  read more »

Advertisement in trade magazine, launching of website establish prima facie breach of non-solicit agreement

Jurisdiction: - British Columbia
Sector: - Insurance

In Hub International (Richmond Auto Mall) Ltd. v. Mendham, 2011 BCSC 1780, the BC Supreme Court found that a former employee's advertisement for his new marine insurance company in a trade magazine and the launching of his new company's website established a prima facie breach of the non-solicit agreement he had entered into with his former employer, Hub International.

Specifically, the court stated:  read more »