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WeirFoulds LLP | Canada | 14 Apr 2021

Court certifies two passenger class actions against WestJet

The British Columbia Supreme Court recently certified two class actions against WestJet. In one, the central allegation was that WestJet had charged baggage fees despite stating in its tariff (at least in part) that the first checked bag would be carried for free. In the other, the one-year expiry on travel credits issued by the airline was alleged to violate consumer protection legislation......
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WeirFoulds LLP | Canada | 24 Feb 2021

Air carrier avoids liability for refusal to transport disruptive passenger

The British Columbia Civil Resolution Tribunal recently ruled on a dispute involving an air carrier which had refused to transport a disruptive passenger. This decision lays out the type of evidence which a carrier should be prepared to present to avoid liability and serves as a reminder to passengers that they have an obligation to be respectful while travelling.
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Fasken | Canada | 25 Mar 2020

COVID-19 and workplace government updates: cross-Canada review

Governments across Canada have recently made multiple announcements regarding the coronavirus (COVID-19) pandemic. To help make things easier for employers, this article summarises the announcements from all provinces that touch on workplace issues. Common issues concerning COVID-19 include self-isolation, sickness benefits and layoffs.
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Fasken | Canada | 23 Oct 2019

Bonus entitlement on basis of reasonable expectation

A recent British Columbia Supreme Court ruling has clarified that even where the terms of a bonus plan expressly state that payment of a bonus is discretionary, an employer's conduct can affect whether the bonus is treated as discretionary on termination of employment. Employers should be aware of, and adhere to, the terms of bonus plans. Further, employers must be mindful of the pattern and......
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Fasken | Canada | 24 Jul 2019

Amendments to employment legislation affect all British Columbia businesses

The spring session of the British Columbia legislature recently ended, and both the Employment Standards Amendment Act and the Labour Relations Code Amendment Act were proclaimed into law. These two acts represent the most significant changes to employment and labour legislation in two decades and all British Columbia employers should be aware of the impact on their businesses.
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Fasken | Canada | 17 Jul 2019

British Columbia Court of Appeal confirms stringent test for family status discrimination

Family status discrimination continues to be an area in which the law differs across Canada. In British Columbia, the test for family status discrimination has been more stringent than in other parts of the country for the past 15 years. A recent case involving a project manager who was assigned to work in another province for eight to 10 weeks a few months after the birth of his first child......
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Dentons | Canada | 9 Jul 2019

Reference re Environmental Management Act (British Columbia): one step forward for Trans Mountain

A recent British Columbia Court of Appeal decision is significant because it has removed (for now at least) one of the barriers to the development and construction of the Trans Mountain Expansion Project. It has also provided some clarity on the roles that the federal and provincial governments may properly play in the regulation of interprovincial pipelines and, more broadly, in the complex......
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Fasken | Canada | 3 Jul 2019

Amendments to Workers Compensation Act and Employment Standards Act pass further readings

Bill 18 – Workers Compensation Amendment Act 2019, which proposes to expand the definition of 'firefighter' under the Workers Compensation Act for the purpose of presumptions in favour of compensation for firefighters, has passed its third reading in the British Columbia Legislature. In addition, the second reading of Bill 8 – Employment Standards Amendment Act 2019 has been held, providing......
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Fasken | Canada | 29 May 2019

Bill 8: major changes to Employment Standards Act introduced

The British Columbia government recently introduced Bill 8 – Employment Standards Amendment Act which, for the first time in more than 15 years, has introduced significant changes to the Employment Standards Act. For employers, the most significant amendments include the requirement that all of the main components of collective agreements 'meet or exceed' the corresponding parts of the act......
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Fasken | Canada | 15 May 2019

How respectful workplaces can reduce risk of successful constructive dismissal claims

The British Columbia Supreme Court recently considered how employers can properly address workplace conduct to minimise the risk of constructive dismissals. This case not only offers a useful summary of the law on poisoned workplaces, but also offers employers several practical suggestions on how to reduce this risk, including by implementing a respectful workplace policy and treating......
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