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Use and Abuse of Certificates of Pending Litigation

Perhaps the most frequently used pressure tactic used throughout my commercial litigation practice is the filing of a Certificate of Pending Litigation.  The opposing party then typically brings an application to discharge the CPL, often on an emergency basis. Most … More

Joint Retainers – Planning for Potential Conflicts

Litigation lawyers are often approached by multiple prospective clients to represent their similar interests. Such prospects may include multiple investors who purchased the same instrument; multiple creditors of a common debtor; multiple owners of land; multiple beneficiaries of anestate; or … More

Executor Conflict of Interest and the Administrator Pendente

The key functions of executors are to call in the estate assets, to manage them competently and to distribute them in accordance with the deceased’s wishes as set out in the will. In a perfect world, these functions would be … More

Employers beware: The myth of temporary layoff may result in a wrongful dismissal liability

The primary purpose of this article is to examine, in a non-union setting, some instructive British Columbia cases on the “temporary layoff” provision in the B.C. Employment Standards Act1 (“ESA”) with a view to providing the reader some guidance on … More

Enforcement of Benefits Under the Employment Standards Act: A Single Jurisdiction for Enforcement Affirmed

Before the decision of the Supreme Court of British Columbia in Macaraeg v. E Care Contact Centers Ltd.1 in December 2006, it was common ground that an employee could not claim civilly a remedy or benefit conferred to him or … More