The province continues to show deference to employers in wrongful termination cases advancing through to the highest courts in BC.

A question that both employers and employees commonly have is "what counts as constructive dismissal?"

It is often said that there are two certainties in life: death and taxes. When someone dies in BC, these two certainties become reality.

The Workplace Investigation team at KSW offer third party neutral investigation services, however a workplace investigation may not be what your company needs.

The Federal Court has instructed the Canada Border Services Agency (CBSA) to conduct a new workplace investigation, appointing a different investigator this time.

In early July 2024, the Toronto-Dominion Bank was ordered to produce an unredacted workplace investigation report, and the related complaints, in a wrongful dismissal claim.

In a recent decision by the Ontario Court of Appeal an Ontario trial judge was rebuked for not providing written reasons in acquitting a man accused of very serious assaults, some of which were sexual...

As recently highlighted in various publications including the Toronto Star, there has unfortunately been an increasing amount of layoffs recently in the tech sector.

As part of their licensing process, realtors in British Columbia will learn about many laws that will impact their day-to-day work. However, there are a few lesser-known legal obligations...

Sometimes bad facts make bad law. The BC Human Rights Code ("Code") provides that if the Tribunal finds discrimination under the Code it can order a variety of remedies under section 37...

The BC Supreme Court recently determined that an email sent to a prospective employee detailing partial employment terms prior to a formal agreement constituted a full and binding employment contract.

As agreed by the Court, "the [Act] itself is a difficult one, and … the precise interpretation of section 152(4) is in the upper limits of those difficulties."

Generative Artificial Intelligence (Generative AI) has revolutionized the way we perceive AI's capabilities.

The law surrounding constructive dismissal is full of potential pitfalls, both for employers, who may inadvertently constructively dismiss an employee and expose themselves to significant liability for failing...

Long-Term Disability insurers in Canada might be treading a little lighter these days, as the Ontario Court of Appeal has upheld a landmark $1.5 million punitive damages award...

In the case of Kay v. Randell and Randell 1997 CanLII 2894 (BC SC) Master Patterson made the following comment regarding how the clients in that case had come to select their lawyer...

Up until 2001, our Court of Appeal held that dishonesty would always be just cause to dismiss an employee summarily. Unfortunately for employers the Supreme Court of Canada...

For additional information about workplace injuries, compensation claims, and the Workers' Compensation system in British Columbia, please also review the following articles...

Dibble v. Creative Music Therapy Solutions Inc., 2024 BCSC 1066 ("Dibble") is a relatively lengthy case dealing with a whole assortment of employment-related issues. Of note, Justice Loo addressed the issues of:

Are you a federally regulated employer in Canada? If so, you may be wondering about the key differences between employees and contractors for your industry...