Failure to Establish Just Cause, a Dishonest Testimony, and More
Each month, Spraggs Law publishes Vancouver Legal News, a curated selection of articles about legal issues discussed in the news. This month, we’re covering a wrongful dismissal suit whereby the court ruled in favour of the employee due to the employer’s lack of evidence and failure to establish just cause, followed by an RCMP officer accused of lying in his testimony and two very different personal injury case outcomes. We’re also covering recent property law concerns regarding short-term rental rules and a landlord-tenant dispute before wrapping up with important Estate law considerations such as the importance of locating the most recent will and a judge’s mishandling of a complicated estate dispute between two sisters, resulting the case going to trial and more.
Recent Workplace Disputes and Misconduct Cases
Unjust termination following a medical leave dispute
In a recent ruling, the BC Supreme Court addressed a wrongful dismissal case involving a long-term employee terminated amidst allegations of misconduct. The court found that the employer had failed to establish just cause, awarding the worker 18 months’ notice. This decision underscored the importance of credible evidence and proper procedures in employment disputes, reinforcing the rights of employees facing unjust termination amid changing dynamics.
RCMP officer accused of lying in his testimony
A recent investigation has uncovered troubling allegations of misconduct among several RCMP officers in British Columbia. Accusations include abusive behaviour and unprofessional conduct, raising concerns about accountability and oversight within the force. One of the defendants attempted to excuse his behaviour as “dark humour,” and is now being accused of lying in his testimony.
A sexual assault case’s outcome that leaves citizens baffled
A former employee of Chuck’s Burger Bar was acquitted of sexual assault charges after a BC Supreme Court judge cited inconsistencies in the complainant’s evidence. Following this verdict, additional related charges have been stayed, while other legal matters involving the accused remain ongoing, including an upcoming trial related to “six counts of sexual assault” in Ontario, in addition to “one charge of possession with the purpose of trafficking in BC.”
BC Personal Injury Outcomes
Mistrial bid rejected in personal injury case
The BC Supreme Court has dismissed a bid for a mistrial in a high-profile personal injury case, affirming the original decision. The ruling highlights the challenges of overturning verdicts based on procedural arguments.
BC Court of Appeal increases compensation for injury victim
The BC Court of Appeal has raised compensation for a woman injured in a rear-end collision, setting a significant precedent for similar personal injury claims. The decision reflects evolving standards for assessing damages.
Property Law Updates
BC short-term rental rules challenge dismissed
A British Columbia Supreme Court ruling dismissed a legal challenge against the province’s Short-Term Rental Accommodations Act, aimed at alleviating the housing crisis by regulating short-term rentals. The decision emphasizes the government’s authority to legislate and addresses concerns about property rights while affirming the goal of increasing housing availability.
The end of BC’s secondary suite incentives
The British Columbia government has decided to discontinue its secondary-suite incentive program, citing uncertain financial conditions and the impending federal initiative. Homeowners who have initiated applications will have until March 30 to submit their requests while officials emphasize the need for effective housing value in challenging economic times.
BC Supreme Court orders new Hearing in landlord-tenant dispute
The BC Supreme Court has ordered a new hearing in a landlord-tenant dispute, citing procedural unfairness in the original proceedings. The decision underscores the importance of fair and transparent processes in residential tenancy cases, reminding tribunals of their duty to ensure procedural justice.
Estate Law Considerations and Disputes
Executors’ duty to locate the most recent will
In estate administration, it’s crucial for executors to diligently search for the deceased’s most recent will. Did you know that British Columbia law allows courts to recognize any physical or electronic document as a valid will if it reflects the deceased’s intentions, even if it lacks formalities like signatures or witness attestations? For this reason, executors must conduct thorough searches in all places where such documents might be stored, including both physical and electronic locations. This article outlines why a comprehensive approach is necessary and how doing so reduces the risk of legal disputes among beneficiaries.
Court of Appeal rules on trust claim limitation test
The BC Court of Appeal has ruled that a lower court judge misapplied the limitation test when assessing trust claims. This decision may impact future litigation involving complex estate disputes.
What Do You Think?
What do you think about these updates affecting citizens, employers, and employees across Canada? If you have questions about employment law, estate law, business law, personal injury or harassment laws for our team at Spraggs Law, we’d love to hear from you. Contact one of our lawyers in Vancouver today.
Please note: This article does not contain legal advice. If you would like advice on your specific situation, please contact Spraggs Law.
