On October 1st, 2020, significant amendments to the British Columbia Business Corporations Act (the “Act”) will come into effect (this was initially scheduled to be May 1, 2020, but the date was changed due to the COVID-19 pandemic). These amendments require every private company incorporated under the Act to maintain a “transparency register” listing all…

The “Bardal factors” are widely used in employment law to dictate the length of notice an employee ought to expect on termination: character of employment, age, availability of similar employment and length of service. These factors were well set up for the employment realities of the 20th century: stable 40-hour per week work with insurance…

Unless the latest deadline is another case of “The Boy Who Cried Brexit”, this Hallowe’en, October 31st, may be the day that the United Kingdom formally leaves the European Union. However, the UK Parliament’s European Union (Withdrawal) Act, which requires parliamentary approval of any withdrawal agreement negotiated between the UK and the European Union, and which will repeal the European Communities Act, may apply – thus postponing…

What agreements do I need for my business? A significant part of my practice involves advising clients on which agreements best suit their business needs and goals. Whether it’s two partners looking to start a new venture, a growing business looking to fundraise, or a more established entity negotiating an acquisition, they all need agreements…

On June 13, 2019, significant changes are being introduced that will directly affect corporations registered federally under the Canada Business Corporations Act (CBCA). The pending changes are designed to bring the CBCA into compliance with Financial Action Task Force recommendations made in October 2018, specifically recommendations 10 and 22 which were intended  to prevent the…

Can you be fired for having a relationship with your workplace subordinate? Anyone can be fired, but there are protections in place for employees who are terminated without good reason – what is known in employment law as without “just cause”. For example, if employees are going to be fired without just cause they should…

Although not always successful, increasingly, plaintiffs in employment cases are making claims for damages over and above notice damages.  This article provides a very brief overview of a selection of successful and unsuccessful claims, and demonstrates that there are increasingly unpredictable (sometimes very large) liabilities to employers who do not successfully and fairly conclude employment…

A recent decision of the BC Supreme Court (DirectCash ATM Processing Partnership (a firm) v Main Food Stop (a partnership), 2018 BCSC 1851) highlights the importance of reading and understanding a contract before signing it and how not doing so can prove costly. DirectCash ATM Processing Partnership (a firm) v Main Food Stop (a partnership),…

When it comes to employee terminations, it’s important that employers fully understand their rights and responsibilities. Missteps in the termination process can lead to uncertainty and confusion, or worse, litigation and a big payout to the employee for wrongful termination. When it comes to termination without cause, employer exposure to liability can be protected by…

With Brexit set to take effect in March of 2019, the future of UK /EU business relations remains uncertain. Many European companies and investors are working diligently to develop business strategies and structures in anticipation of a post-Brexit world. The Comprehensive Economic & Trade Agreement (CETA), provisionally in force between Canada and the European Union…