The BC Court of Appeal has clarified in Mawdsley v. Meshen (2012 BCCA 91) that an application under the Fraudulent Conveyance Act still requires an applicant to prove a transferor intended to “delay, hinder or defraud” creditors or others, although such intent need not be a “dishonest” intent, and may be inferred from the circumstances. [Read More]

Environmental legislation is often criticized for its ineffectiveness despite apparent strong environmental protective language. This was not the case recently when the Federal Court of Appeal gave a robust interpretation of the Species At Risk Act (SARA) requiring government to implement a non-discretionary critical habitat protection scheme for the killer whale in place of a discretionary [Read More]

An employee who receives reasonable termination notice may need to work during the notice period if  the employer elects to provide working notice, instead of providing pay in lieu of notice (provided the employer has not acted in a way that constructively dismisses the employee, e.g., by making work reasonably intolerable), but an employee who [Read More]

Unless an employment contract stipulates a fixed term, or expressly deals with termination notice, the courts will recognize an implied term in every employment contract that an employer may dismiss an employee at any time by giving the employee reasonable notice, or payment in lieu, but if the employer shows cause, the employee may be dismissed [Read More]