Tag Archives | litigation

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Verbal Resignations: Do Intentions Matter?

By Sean Marzinzik. The BC Supreme Court recently had the opportunity to consider whether an employee’s verbal resignation was effective, or whether the employee’s subjective intentions had to be taken into account as well (Conway v. Griff Building Supplies Ltd., 2020 BCSC 1899). Background Mr. Conway was a long-term (20 year) employee who had been […]

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Privilege: What Happens if Your Plus-One Joins the Conversation?

By Stephanie Cousineau, lawyer. How often in life do you feel like you’re having a conversation that’s really “in the vault”? Most of us have been burned by having our secrets leaked by friends and used against us, and maybe it’s too much to expect that our social connections will keep everything on the down-low. […]

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An Employer’s Legal Burden of Proof Lessened: A Common Sense Approach

When faced with a wrongful dismissal lawsuit from a former employee, one strategy employers use to reduce severance liability is to argue that the worker failed to mitigate her losses (i.e. by getting a new job). Traditionally, however, Canadian employment law has placed a heavy burden on an employer wanting to prove a failure to […]

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