Business Law Articles

Can your criminal past come back and fire you?

Terminating an employee is not a topic that most people enjoy talking about. It is complicated and for many, too scary to even consider. Yet, whether employees or employers want to think about it or not, termination is a reality that can affect anyone working in today’s world. It is a topic full of grey… Read more »

Beware Employers

Sometimes terminating an employee is not as simple as following the Law As a lawyer, I am often amazed at the complexities of owning a business. Whether small or large, there are financial, operational and human resource requirements that all demand the attention of the business owner. One of the most common employer issues to… Read more »

The Cannabis Act and What it Means for Employers

Legalizing marijuana has introduced some real concerns for businesses in British Columbia. Although the new Cannabis Act allows employers to set policies to prevent impairment and the use of non-medical marijuana at work, employers have to accommodate employees who are prescribed marijuana for medical reasons.  This has employers worried about how they are going to… Read more »

What franchisors and franchisees need to know about the BC Franchises Act

Who does it apply to? The Act applies to new franchise agreements, existing franchise agreements that are renewed or extended on or after February 1, 2017 and franchise agreements entered into before February 1, 2017. What’s in the Act? 1. Franchise disclosure document (“FDD”) The franchisor must provide the franchisee with a Franchise Disclosure Document… Read more »

Is your company facing union organization? What can you say to your employees?

An employer that encounters a union organization campaign should be aware of what types of communications are allowed.  What can, and can you not, say to your employees?  In British Columbia, employers need to ensure they are acting with the parameters of the Labour Relations Code. The Labour Relations Code governs labour relations between employers,… Read more »

Reference letters – As an employer do I have to provide one?

In British Columbia, there is no obligation for an employer to provide a letter of reference, let alone a favourable one. However, a lack of reference letter may contribute to an employee’s difficulty in finding new employment.  A recent decision by the BC Supreme Court has further elaborated on the role of letters provided on… Read more »

You Have Filed Your Builder’s Lien: What Comes Next?

A builder’s lien is a simple way for a contractor to protect himself when dealing with non-paying clients. Liens are easy to file and can effectively put pressure on property owners and general contractors. But knowing how to file a builder’s lien is not always enough to force a property owner to pay. Filing a… Read more »

Was he pushed or did he jump? The Supreme Court of Canada clarifies the principle of constructive dismissal.

If an employer indefinitely suspends an employee for administrative (i.e. non-disciplinary) reasons and that employee responds by suing the employer, does that mean the employer constructively dismissed the employee or did the employee quit? Recently, the Supreme Court of Canada (“SCC”) considered this question in a case called Potter v. New Brunswick Legal Aid Services… Read more »

Shareholders Agreements: What is their value?

Your New Business Venture You left your employment to start a new business venture. You are excited to become your own boss. You can visualize how your business will look and run from here forth. Your business and marketing strategies are in pl ace. You have unbounded optimism as to your business’s future success and… Read more »