October 16, 2015
Canny v Primepower Engineering  WADC 81 - indemnity in insurance policy.
Case Study:Mitchell Canny (plaintif), an apprentice electrician employed by Primepower, suffered severe burns as he was decanting petrol from one container to another whilst one of his colleagues sprayed a flammable liquid and attempted to start an unused engine at Primpower’s place of business.
The incident happened while the employees were attending a social...
October 05, 2015
May 14, 2015 – Amendments were made to the Workers’ Compensation Act (WCA), following Royal Assent to Bill C-9, to enforce a mandatory two-phase process by employers to investigate any workplace incidents.
All workplace incidents involving serious injury or death, major structural failure of collapse, major release of a hazardous substance, a blasting accident that causes personal injury, a dangerous incident involving explosives, a...
September 28, 2015
Given the increasing availability and use of medical marijuana in British Columbia, employers are now often faced with balancing the need to ensure a safe workplace and an employee’s rights to legitimate medical treatment.
The BC Human Rights Tribunal has made recent clarifications that gives employers some more clarity on:
Their duty to accommodate
The nature of bona fide occupational requirements (BFORs)
The legality of ‘zero...
September 24, 2015
A due diligence analysis of intellectual property rights is an important step when acquiring or making a significant investment in a business. It is particularly important in the case of technology companies, where Intellectual Property Rights are assets that account for almost all the value in a business. A due diligence analysis provides an appraisal of a business’s assets and liabilities and helps to identify any...
September 23, 2015
When a franchisor extends their business and branches out to a franchisee, they need to be careful of the risks involved with the potential of becoming a joint employer. A joint employer (or co-employment) is the sharing of control and supervision of an employee’s activity amongst two or more business entities.
A franchisor can sometimes be held liable for the actions of their franchisees and can be forced to take responsibility.
August 18, 2015
Directors and officers are regularly exposed to a large amount of legislation, regulation, requirements and expectation from their shareholders. There are many claims that can arise from breach of trust, breach of duty, neglect, error or wrongful trading. At the same time, there are also that can involve incidences of corporate manslaughter, company liquidation, misleading figures, and unfair dismissals and workplace neglect.
In many cases,...