Areas of Practice
Wrongful Dismissal
When an employee is terminated, they are entitled to reasonable notice of the termination, or compensation in place of reasonable notice. A wrongful dismissal arises when the employer fails to give the employee the proper notice or severance. These claims often involve disputes as to whether or not there was “cause” for the termination, or disputes as to the proper amount of reasonable notice. Many disputes can be resolved through respectful negotiations following the termination, but in cases of major disagreement, litigation is necessary to resolve the dispute. I assist employees and employers on matters relating to termination and wrongful dismissal.
Constructive Dismissal
A constructive dismissal arises when the employer makes significant changes to the employees contract or working conditions. Where the changes go to the root of the employment agreement, the employee is entitled to treat the change as a termination and claim severance. These matters are complex, and in almost all matters, require careful legal advice and planning.
Services for Employees
I provide a wide range of services and advice for employees, including reviewing employment clauses and non-competition agreements, reviewing and negotiating severance packages, matters relating to the Employment Standards Act, workplace harassment issues, and representation on wrongful dismissal, constructive dismissal, and Human Rights Code matters.
Services for Employers
I assist employers with the drafting of employment agreements, confidentiality and non-competition agreements and workplace policies. I provide advice and representation to employers on employee termination matters, wrongful dismissal matters, Human Rights Code matters, and matters relating to the Employment Standards Act.
Discrimination
Section 13 of the British Columbia Human Rights Code prohibits discrimination in employment on the basis of race, colour, ancestry, place of origin, political belief, religion, marital status, family status, disability, sex, sexual orientation, gender identity/expression, age, and criminal conviction.
I advise and represent employees on matters relating to workplace discrimination, including preparing complaints for the Human Rights Tribunal, and representing clients at Tribunal settlement meetings and hearings.
Sexual Harassment
Sexual harassment is a form of workplace discrimination prohibited by the Human Rights Code. Sexual harassment is defined in the law as unwelcome behaviour of a sexual nature that has adverse consequences for the complainant.
Employees who suffer sexual harassment in the workplace may be entitled to make claims for lost income, and damages for injury to dignity, feelings, and self respect. I advise and represent employees in sexual harassment complaints before the Human Rights Tribunal.
Long Term Disability
I represent employees against insurance companies when their long-term disability benefits have been wrongfully denied. Often, these matters can be resolved by identifying gaps in the evidence used by the insurer to deny the claim, and obtaining the appropriate medical or vocational evidence to support the claim. Where an insurer unfairly maintains a denial, I can assist by bringing a court action on your behalf to hold the insurer accountable.
Personal Injury
I represent individuals in claims against ICBC, private insurers, individuals, businesses, drivers, or municipalities whose negligence has caused injury.
Civil Litigation
I have a general civil litigation practice that includes:
Business Disputes
Real Estate Disputes, including misrepresentation and fraud
Contaminated Sites cleanup, including cases involving the Environmental Management Act
Estate Litigation