Search Results for: covid-19

Backlogs at the BC Human Rights Tribunal and Applications to Dismiss Complaints—A Strategy Update from the BCHRT

The delay of complaint resolution and limitation on the available processes for determining complaints will continue.  If you are a respondent waiting on the outcome of an application to dismiss a human rights complaint at the BC Human Rights Tribunal, your wait will continue.  A new announcement from the Tribunal, combined with the significant delay in the processing of complaints by the Tribunal, may result in respondents not learning of filed complaints until 12 months or longer after they are filed. The BC Human Rights Tribunal has been overwhelmed with complaints related to COVID-19 restrictions and states that it does... Read More

Navigating Volatility: Contract Tips for Fluctuating Fuel Costs

Global Fuel Price Volatility   World events, particularly the ongoing recovery from the COVID-19 pandemic and the war in Ukraine, are sending shockwaves through global energy markets and supply chains. Among other impacts, these circumstances have caused fuel costs to become highly volatile.   What does this volatility mean for brokers, carriers, shippers, and other market participants that rely on transportation services?  Price volatility may force a carrier to disproportionally absorb surging fuel costs, or leave the customer dissatisfied because the cost of transportation has increased dramatically. These factors can result in financial difficulties, unhappy customers, and costly disputes.   Below, we highlight some of the... Read More

Bill 27-2022: Proposed Amendments to the Wills, Estates and Succession Act, the Power of Attorney Act and the Representation Agreement Act

The BC Legislature recently introduced Bill 27 – 2022: Attorney General Statutes Amendment Act (No. 2), 2022 (“Bill 27”), which includes proposed amendments to the Power of Attorney Act, R.S.B.C. 1996, c. 370, the Representation Agreement Act, R.S.B.C. 1996, c. 405, and the Wills, Estates and Succession Act, S.B.C. 2009, c. 13 (“WESA”). Bill 27 passed the Third Reading stage on October 19 and is awaiting Royal Assent. Proposed Amendments to the Power of Attorney Act and Representation Agreement Act Currently, the Power of Attorney Act provides that an enduring power of attorney must be signed by the adult making the... Read More

Employers on the Right Side of the Law in Enacting Mandatory Vaccination Policies: Alexander Holburn succeeds in mandatory vaccination policy case of first instance in Canada

The rights of employers to institute mandatory vaccination policies in response to the COVID-19 pandemic have been clarified in the recent decision of Parmar v. Tribe Management Inc., 2022 BCSC 1675.  In the first case to address the issue, the BC Supreme Court held that an employer was within its rights to place an employee on an indefinite, unpaid leave of absence when she refused to comply with its vaccine policy.  The Court held that the policy, while not required by law, was both lawful and reasonable, and the indefinite unpaid leave of absence did not amount to her... Read More

Ian Breneman’s Article “Vaccination Requirements for Transportation Workers…” featured in The Transportation Lawyer

"The international transportation sector was vital to the response of the pandemic, such as by delivering vital medical equipment and vaccines, and it continues to be essential to the recovery of countries across the world." As COVID-19 restrictions were lifted globally, the moment presented an opportunity to look at how past restrictions were proposed, challenged, and enforced to provide a lens on how they may be employed in the future. In their article "Vaccination Requirements for Transportation Workers in International Commerce", Ian Breneman, Associate Counsel at Alexander Holburn, and Dylan Jones, DAC Beachcroft LLP, take a look at past and present... Read More

Jennifer Eshleman’s Article “Electronic Signatures and Wills in Electronic Form…” Featured in STEP Inside

What benefits and challenges do electronic wills present? What factors would one need to consider when storing an electronic will? How would revocation be proved if there is no physical will to destroy? During the COVID-19 pandemic, amendments to British Columbia's Wills, Estates and Succession Act (WESA) were introduced on December 1, 2021, which allowed for electronically signed and/or stored wills to be considered valid wills in the province. While the amendments to WESA allow for more flexibility, they may also present new challenges. In the article "Electronic Signatures and Wills in Electronic Form: The Future of Estate Planning (and Litigation)... Read More

Navigating Volatility: Contract Tips for Fluctuating Fuel Costs

Global Fuel Price Volatility   World events, particularly the ongoing recovery from the COVID-19 pandemic and the war in Ukraine, are sending shockwaves through global energy markets and supply chains. Among other impacts, these circumstances have caused fuel costs to become highly volatile.   What does this volatility mean for brokers, carriers, shippers, and other market participants that rely on transportation services?  Price volatility may force a carrier to disproportionally absorb surging fuel costs, or leave the customer dissatisfied because the cost of transportation has increased dramatically. These factors can result in financial difficulties, unhappy customers, and costly disputes.   Below, we highlight some of the... Read More

Labour + Employment Webinar: Hiring and Firing – Update on Best Practices

Join Michael Watt and Iman Hosseini of our Labour + Employment Practice Group as they discuss some important considerations and best practices for employee hiring and firing. They will also provide updates on new legislation, and continuing COVID-19 issues. The webinar will cover the following: Brief Update on Legislative Changes and COVID-19 Issues Discuss Best Practices for both the Start and End of the Employment Relationship Review Current Case Law to Ensure Your Employment Agreements Are Comprehensive and Enforceable Consider Enforceable Termination Clause Language, and Mid-Employment Contract Changes Identifying Termination Options, Risk and Strategies Presentation Recording CPHRBC Credits CPHR... Read More